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State Court Subject Matter Jurisdiction
L201 Notecards
23
Business
Undergraduate 2
09/04/2012

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Term
What types of claims do state courts have to power to decide?
Definition
Claims based on state law and most claims based on federal law
Term
Which claims do state courts not have the power to decide?
Definition
Claims of federal laws that are exclusive subject matter jurisdiction of the federal courts
- antitrust, copyright, patent, bankruptcy, and admiralty
Term
What types of claims are heard by "specialty" courts?
Definition
smalls claims court (less than $5000 or $6000), family/juvenile court, traffic court
Term
What 2 types of claims do federal courts have subject matter jurisdiction over?
Definition
“Federal Question” claims
“Diversity of Citizenship” claims
Term
Do parties have consent to subject matter jurisdiction?
Definition
• Parties cannot consent to subject matter jurisdiction (i.e., parties cannot agree to let a court decide a claim that the court does not have the power to decide)
Term
In terms of subject matte jurisdiction, what type of government does the law try to keep?
Definition
Intended to have a narrower scope of power than many of the state courts
-Government of limited power
Term
What is a federal question case?
Definition
Claims based on federal law- Anytime a lawsuit is asserting that a defendant has violated federal law
Term
Who must assert a claim based on federal law for the federal courts to have subject matter jurisdiction?
Definition
The Plaintiff
- ➢ It does not matter if the defendant asserts a defense or counterclaim based on federal law (no “federal question”)- There has to be at least one claim asserted by the plaintiff based on Federal Law
Term
Well Pleaded Complaint Rule
Definition
The Complaint must contain a well-pleaded claim based on federal law, not a frivolous claim solely to get into federal court
Term
When does a federal court have subject matter jurisdiction based on "diversity of citizenship"
Definition
1. There is “complete diversity of citizenship” between plaintiffs and defendants;
and
1. The “amount in controversy” exceeds $75,000
Term
What is the rationale for having the "diversity of citizenship" claims?
Definition
Allow out-of-state litigants to bring their claims in federal court to avoid state court bias in favor of in-state litigants, but only in cases where there is a large amount at stake (>$75,000)
• Federal courts are made up of judges that have been selected by the federal government- loyalty to the federal government and all Americans in all states
Term
What are the stipulations of "complete diversity of citizenship"?
Definition
means no plaintiff is a citizen of the same state as any defendant
• Citizenship is determined when the Complaint is filed
➢ Changes in citizenship before or after the Complaint is filed do not affect subject matter jurisdiction
Term
What steps can a plaintiff take to destroy diversity of citizenship?
Definition
by moving to the same state as a defendant, adding a defendant from the same state, or suing for $75,000 or less
Term
How to determine citizenship for an individual
Definition
Citizen of the state of “domicile”
➢ “Domicile”: The state where the person has (1) primary residence, and (2) an intent to stay indefinitely
➢ Individuals can only be citizens of one state
Term
How to determine citizenship of a corporation
Definition
Citizen of both (1) the state of incorporation, and (2) the state where its “principal place of business” (headquarters) is located
➢ Corporations can be citizens of one or two states
Term
How to determine citizenship of an unincorporated association (partnership, union, LLC)
Definition
Citizens of every state where its members are citizens
➢ Unincorporated associations can be citizens of many states
Term
What is the "Amount in controversy"?
Definition
• The amount in controversy is the amount that the Plaintiff demands in the Complaint when it is filed
➢ It does not include any counterclaims by the Defendant(s)
➢ It does not matter if claims are later added or dropped, or if the plaintiff ultimately wins only $75,000 or less
Term
How much must the "Amount in controversy" exceed to give the federal court subject matter jurisdiction?
Definition
$75,000
Term
When can a plaintiff combine claims against multiple defendants to attain federal subject matter jurisdiction?
Definition
only if each claim applies to all defendants (joint and several liability)
Term
Federal Supplemental jurisdiction for state claims
Definition
• If a federal court has subject-matter jurisdiction over federal claims in a case (federal question), the court will have supplemental jurisdiction over any state claims that are part of the “same case or controversy”
- Only 1 claim needs to be based on federal law
- ➢ This is true even if the requirements for subject-matter jurisdiction based on “diversity of citizenship” are not met
Term
Do federal courts have the option to claim supplemental jurisdiction over state claims?
Definition
Yes
Term
What is the general rule for removal from a state court to a federal court?
Definition
If a case is filed in state court that could have been filed in federal court, the defendant can remove the case to federal court in that state
➢ Only the defendant can remove a case to federal court
Term
What is the exception to the general rule of removal from a state court to a federal court?
Definition
If a case is filed in state court in a state where a defendant is a citizen, the defendant can only remove the case to federal court if there is a “federal question” (i.e., a federal claim in the Complaint)
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