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Subject Matter Jurisdiction

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wermerj's version from 2015-11-21 22:15

Types of SMJ

Question Answer
Federal Question Jurisdiction28 USC 1331
Diversity Jurisdiction28 USC 1332
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Diversity of Citizenship

Question Answer
Complete Diversity Ruleno diversity if any P is citizen of the same state as any D
Test for Diversitywhen case is filed
Citizenship of a human beingcitizen of the state she is domiciled in
Domicile definitionpresent in state with intent to make permanent home
Citizenship of Corporationstate where incorporated and principal place of business
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Principal place of business

Question Answer
3 Testsnerve center, muscle center, combo
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Citizenship of Decedents, Minors, Incompetents

Question Answer
Represented or representativecitizenship of the represented person
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Citizenship of Class Action

Question Answer
Represented or representativecitizenship of the representative
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Amount in Controversy

Question Answer
Amountmust exceed $75k
Amount must exceed $xx unlessit is clear to a legal certainty that she cannot recover that much
Plaintiff's ultimate recoveryIrrelevant to SMJ
Aggregationcan only aggregate for one P and one D
Joint claimsgo with total value
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Federal Question Jurisdiction

Question Answer
Rule28 USC 1331
2 subrules1. Look only at Plaintiff's complaint, Well-pleaded complaint rule
Well-Pleaded Complaint RulePlaintiff's claim must arise under federal law
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Supplemental Jurisdiction

Question Answer
Rule28 USC 1367
Gibbs TestCommon nucleus of operative fact; same transaction or occurrence
Pendentadding a claim that does not meet SMJ
Ancillaryadding a party that breaks diversity
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Two Step Analysis to Supplemental Jurisdiction

Question Answer
Does 1367 grant JurisdictionYes if same transaction or occurrence
Does 1367 kill Jurisdictionyes if asserted by Plaintiff against party joined under 14, 19, 20, 24
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Removal

Question Answer
Goes fromState to Fed Court
Who Removesonly defendants may remove
Where is removal appropriatein federal district that embraces the state court; where case could have originally been brought (needs SMJ)
Removing partiesmust agree
When can't you removeif any Defendant is a citizen of the forum
Timeline for removalwithin 30 days that case becomes removable, but not more than 1 year after case begins in state court
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