Civ Pro Subject Matter Jurisdiction Flowchart 2 PDF

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Download Civ Pro Subject Matter Jurisdiction Flowchart 2 PDF

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Chart 2: SUBJECT MATTER JURISDICTION— IS THIS THE RIGHT TYPE OF CASE BEFORE THE COURT? Diversity Constitution &

Federal Question Constitution Art. III, §2

Statute §1332

Amount In controversy ▪Must exceed $75,000 ▪not dependent on what jury actually awarded

Plaintiff 1.Aggregation: ▪all claims against single Δ, even unrelated claims ▪can’t with co-plaintiff ▪can’t with co-Δ ▪can’t with counter claim 2. St. Paul Mercury: good faith unless legal certainty claim insufficient, Diefenthal

OR

&

Tag along Plaintiff: Supplemental Jurisdiction §1367 ▪only if a ∏ meets amount individually ▪and only if events are related

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Diverse Parties ▪complete diversity, Strawbridge ▪co∏ can be from same state ▪determined time of filing ▪can be perfected before judgment, Caterpillar

Statute §1331 ▪can limit but can’t expand

▪Mottley: Well pleaded complaint=On ∏ complaint ▪ N/A: counterclaim, defenses, rebuttal to defenses

“Arising Under” ▪Osborne: Fed. ingredient

State claim Person Citizenship = domicile=reside + intent ▪U.S. citizen or Resident alien Intent to remain indefinitely= No plans to leave at a particular time

YES: Gordon v. Steele

NO: Mas v. Perry

Fed. statute claim

Entity Partnership, Limited liability part. Nonprofit

Corp.

State of citizenship for each member ▪see test for person

State of incorp. + Principal Place of business

Reference to fed. law; Embedded Fed. issue Merrel Dow: No fed. question

Ppb=Hertz Nerve Center Test: Control, direction, & coordination

No reference to fed law= no fed. quest.

Grable factors: 1. necessarily raise fed. issue 2. fed. issue actually disputed & substantial 3. impact on fed. docket 4. fed. interest in case being in fed. forum 5. Congress’s intent to allow such claim Grable & Smith:fed. quest. exists

Holmes test: fed. stat. gives private cause of action =remedy...