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SUBJECT MATTER JURISDICTION (SUPPLEMENTAL JURISDICITON( Federal courts can…
SUBJECT MATTER JURISDICTION
FEDERAL QUESTION
JURISDICTION (federal courts have jurisdiction over "all civil actions
arising under
the Constitution, laws, or treaties of the United States."
Well-Pleaded Complaint Rule
NOT sufficient
:forbidden:
Artful Pleadings :green_cross:
State Laws Incorporating Federal Standards :green_cross:
Anticipatory Defense :green_cross:
NO AIC requirement
Exclusive Federal Question
- congress decides that any action arising under a certain statute MUST be heard in a Federal court because these cases require uniform national treatment
Common Law Federal Question
-case does not "arise under" federal law, but there is a federal interest so central to the case that federal courts will assume jurisdiction (e.g. any lawsuit questioning the validity of federal commercial paper)
SUPPLEMENTAL JURISDICITON
( Federal courts can hear claims over which it does not have an
independent basis of subj matt jurisdiction)
TEST=
"Common Nucleus of Operative Fact"= claims must arise out of the same transaction or Occurrence
:<3:
Pendant JUuisdiction-
YES -a plaintiff may use supplemental jurisdiction in a diversity case to overcome the AIC requirement
NO- plaintiff may not use supplemental jurisdiction to overcome lack of diversity (
in diversity cases, pendant jurisdiction is prohibited when the additional claim would destroy complete diversity)
Ancillary Jurisdiction (no limitations)
Ancillary Jurisdiction (no limitations)
Pendant Jurisdiction
in federal question case, the plaintiff may use supplemental jurisdiction to overcome lack ofAIC
in federal question case, the plaintiff may use supplemental jurisdiction to overcome lack of complete diversity
Court Discretion ( Federal courts may decline to exercise supplemental jurisdiction
Complex Claim of State Law
Original Claim Dismissed
State law claim predominates
Compelling or Exceptional Circumstances
DIVERSITY OF
CITIZENSHIP
JURISDICTION (
CONSTITUTIONAL RQR
)
COMPLETE DIVERSITY
Diversity Determined= At Commencement of the Action
( where parties were domiciled at the commencement of the lawsuit) :fire:
Corporations
:silhouettes:
Principal Place of Business=
Nerve Centre
where executive decision is made
State of incorporation
Unincorporated Associations
( consider the citizenship of all individual members :!:--more difficult for unincorporated associations to sue or be sued under diversity jurisdiction) :warning:
Individuals
:silhouette:
Domicile
Physical Presence :check:
Intent to Remain for Indefinite Future :check:
Non-resident US citizens=neither a Citizen of any State nor an
Alien
( cannot sue or be sued under diversity jurisdiction of federal court-must be heard in state court
AIC(75K) (
STATUTORY REQUIREMENT)
Dismissed if
Legal Certainty <$75 000
exclusive of court costs and interest
Good Faith
Requirement... there is
some possibility
of recovering at least $75 k
Aggregation
- plaintiffs may add claims together to satisfy the AIC requirement
Each plaintiff must have a claim worth more than $75000 :check:
Exception=
Joint Interest= Coownership
Multiple Defendants=No- a plaintiff
may not aggregate claims
against multiple defendants :red_cross:
Jointly & Severally Liability- watch out for joint and several liability because they are not joint interests but several interests
Equitable Relief
= such an injunction may be valued by plaintiffs; of defendants viewpoint
either by cost of compliance for defendant
or value of harm to the plaintiff
Federal court
will not
hear cases :forbidden: on divorce, alimony, child custody, probate estate