03 SMJ

Subject Matter Jurisdiction is the court's power over the […], not over the parties.

case

Federal courts have […] subject matter jurisdiction, meaning they can only hear certain kinds of cases.

limited

As a general rule, state courts have […] subject matter jurisdiction, meaning they can hear any kind of case.

general

State courts cannot hear certain federal question cases that are exclusively federal, such as [..1..], [..2..], and some federal securities and antitrust claims.

patent infringement, bankruptcy

The two main types of cases that can be heard in federal court are Federal Question Jurisdiction and […] Jurisdiction.

Diversity of Citizenship

A lack of subject matter jurisdiction […] be waived.

cannot

If a court enters a judgment without subject matter jurisdiction, the judgment is […]

void

The two requirements for diversity jurisdiction are that the case is between citizens of different US states or involves alienage, and the amount in controversy must exceed […]

$75,000

For diversity jurisdiction, a case can be between citizens of different US states, which is called […] jurisdiction.

diversity

For diversity jurisdiction, a case can be between a citizen of a US state and a citizen of a foreign country, which is called […] jurisdiction.

alienage

Under the […] Rule, diversity jurisdiction cannot be invoked if any plaintiff is a citizen of the same state as any defendant.

Complete Diversity

For purposes of diversity, citizenship is determined at the time the case is […]

filed

Alienage jurisdiction applies to cases between a citizen of a US state and a citizen of a […]

foreign country

In alienage jurisdiction, it does not matter whether the non-US citizen is the [..1..] or [..2..]

plaintiff, defendant

Alienage jurisdiction does […] exist for a suit between a non-US citizen and another non-US citizen.

not

A non-US citizen admitted for permanent residence is […] considered a citizen of the US state where they are domiciled for diversity purposes.

NOT

For alienage jurisdiction, a non-US citizen with a green card is treated as a […]

non-US citizen

Alienage jurisdiction is withdrawn if a green card holder is domiciled in the […] US state as an opposing party.

same

A US citizen domiciled in a foreign country is […] a citizen of a US state for diversity purposes.

NOT

If a US citizen domiciled abroad is a litigant, alienage jurisdiction does not apply if there is no […] in the case.

non-US citizen

The citizenship of a natural person who is a US citizen is the one US state in which they are […]

domiciled

A person can have only […] domicile at a time.

one

A person's domicile is retained until it is […]

changed

To establish a new domicile, two things are required: [..1..] in the new place and the [..2..] to make that place home for the indefinite future.

physical presence, intent

When determining intent for domicile, courts look at all relevant factors, such as taking a job, buying a house, or […]

registering to vote

For diversity purposes, the District of Columbia, Puerto Rico, and US territories are treated as […]

states

Subsequent changes to a party's citizenship after a case is filed […] affect diversity jurisdiction.

generally do not

A corporation is a citizen of any state in which it is incorporated AND the one state in which it has its […]

Principal Place of Business

A corporation's Principal Place of Business (PPB) is determined by the […] Test.

Nerve Center

The Nerve Center Test identifies the state from which a corporation's managers [..1..], [..2..], and [..3..] business activities.

direct, coordinate, control

A corporation's PPB is usually the site of its […]

corporate headquarters

Unlike a natural person, a corporation can be a citizen of […] one state.

more than

How is the citizenship of an LLC determined?

Citizenship of each of its individual members. 

For an unincorporated association, its state of formation and its […] are irrelevant for citizenship purposes.

Principal Place of Business

For limited partnerships, citizenship includes that of both the general and […] partners.

limited

When a decedent, minor, or incompetent is a party, diversity is based on the citizenship of the […], not the representative.

decedent, minor, or incompetent

For class actions, diversity jurisdiction is determined by the citizenship of only the […] representative(s).

named

To satisfy the amount in controversy requirement for diversity jurisdiction, the plaintiff's claim must […] $75,000.

exceed

A claim for exactly $75,000 […] the amount in controversy requirement for diversity jurisdiction.

is not sufficient

When calculating the amount in controversy, litigation costs and interest that accrues due to delay in payment are […]

NOT included

When a claim is for interest itself, such as interest due under a contract, that interest […] included in the amount in controversy calculation.

is

The amount claimed by a plaintiff in good faith is accepted unless it is clear to a […] that the plaintiff cannot recover more than $75,000.

legal certainty

The amount a plaintiff actually recovers is […] to the determination of subject matter jurisdiction.

irrelevant

A single plaintiff may […] all of her claims against a single defendant to meet the amount in controversy requirement.

aggregate

Multiple plaintiffs generally […] aggregate their separate and distinct claims to meet the amount in controversy requirement.

cannot

With joint claims, the […] of the claim is used to determine the amount in controversy, and the number of parties is irrelevant.

total value

When determining the amount in controversy for equitable relief, courts may use the plaintiff's viewpoint or the […] viewpoint.

defendant's

For equitable relief, the amount in controversy is met if the value to the plaintiff OR the cost to the defendant exceeds […]

$75,000

Even if diversity requirements are met, federal courts will decline to hear actions for [..1..], [..2..], [..3..], or to probate an estate.

divorce, alimony, child custody

Courts will ignore attempts to […] create diversity jurisdiction, such as by assigning a claim where the assignor retains the real interest.

collusively

A […] voluntary change of a plaintiff's state citizenship, made before a suit is commenced, is permissible to create diversity.

genuine

For federal question jurisdiction, the plaintiff's claim must arise under […]

federal law

For federal question jurisdiction, the [..1..] of the parties and the [..2..] are irrelevant.

citizenship, amount in controversy

The […] Rule requires that the plaintiff's claim itself, not just any mention of a federal issue, must arise under federal law.

Well-Pleaded Complaint

To determine if a complaint presents a federal question, a court looks only at the claim as pleaded by the […]

plaintiff

The test for federal question jurisdiction is: Is the plaintiff enforcing a […]?

federal right

Ordinary tort, contract, and property claims typically arise under […] law and do not invoke federal question jurisdiction.

state

A federal issue raised only as a […] by the defendant does not create federal question jurisdiction.

defense

Removal is the process by which a […] transfers a case from a state trial court to a federal trial court.

defendant

If removal was improper, the federal court can […] the case back to state court.

remand

A defendant can remove a case if it could have been filed in federal court originally, meaning it invokes [..1..], [..2..], or alienage jurisdiction.

federal question, diversity

Removal is permissible even if the state court […] jurisdiction over the case.

lacked

To remove a case, a defendant files a […] in federal court.

Notice of Removal

The Notice of Removal must state the […] for removal.

grounds

Permission from the state or federal court […] required for removal.

is NOT

A defendant removing a case must promptly serve a copy of the Notice of Removal on […] and file a copy in the state court.

adverse parties

A defendant must file a Notice of Removal no later than […] after service of the first paper that shows the case is removable.

30 days

The 30-day time limit for removal begins with […], not the filing of the case.

service

Supplemental jurisdiction gets a […], not a case, into federal court.

claim

A prerequisite for supplemental jurisdiction is that there must be a case already properly in federal court through [..1..], [..2..], or alienage jurisdiction.

diversity, federal question

The first step of the supplemental jurisdiction test is that the claim must share a […] with the claim that has federal SMJ.

common nucleus of operative fact

The "common nucleus of operative fact" test is always met when a claim arises from the […] as the underlying case.

same transaction or occurrence

The "common nucleus of operative fact" test is […] than the "same transaction or occurrence" standard.

broader

The limitation on supplemental jurisdiction in Step 2 applies ONLY in cases based on […] jurisdiction.

diversity

The limitation on supplemental jurisdiction does NOT apply to cases that got into federal court based on […] jurisdiction.

federal question

In diversity jurisdiction cases, claims by […] generally cannot invoke supplemental jurisdiction.

plaintiffs

When there’s FQJ, may a court exercise supplemental jurisdiction over a plaintiff's related state-law claims against a third-party defendant, even if there is no independent basis for federal jurisdiction over that specific claim?

Yes, if it is sufficiently related to the underlying federal question claim (the anchor claim)

An exception to the supplemental jurisdiction limitation allows a plaintiff's claim that fails the […] requirement to be heard if it arises from the same T/O as another plaintiff's valid claim.

amount in controversy

In a diversity case, […] and all non-plaintiffs can use supplemental jurisdiction if the common nucleus test is met.

defendants

A court has discretion to decline supplemental jurisdiction if the state law claim is [..1..] or if the state law issues would [..2..]

complex, predominate

A court may discretionarily decline supplemental jurisdiction if the claim that provided the original basis for federal SMJ is […] early in the case.

dismissed

Rules for Aggregation:

• 1 Plaintiff, 1 Defendant

• 1 Plaintiff, Multiple Defendants

• Multiple Plaintiffs, 1 Defendant

1 P, 1 D: Everything can be added together

1 P, Multiple D’s: Defendants must be jointly liable

Multiple P’s, 1 D: Plaintiffs must have a common & undivided interest.