Civ Pro 1

Original Jurisdiction

Ct's power to hear a case before another court can hear the matter (ex: trial court)

Exclusive Jurisdiction

A court that has the exclusive right to hear a case over any other level of court (ex: fed courts hearing copyright claims)

Concurrent Jurisdiction

A case that can be heard in either state or federal court

Sources of Law

1) Constitution, Article 3
2) Congressional Statutes
3) Case law interpretation of Constitution and statutory law

Ways to have Federal Subject Matter JDX

1) Federal Question JDX
2) Diversity JDX
3) Supplemental JDX
4) Removal

Federal question JDX can_____________

NOT be waived

Title 28 US Code 1331

District courts shall have original JDX of all civil actions under the Constitution, laws, or treaties of the United States

Courts can raise federal subject matter JDX ____________

Sua Sponte (on its own)

Federal 12(b)(1) motion to dismiss

Case is dismissed for lack of subject matter jurisdiction