Subject-Matter Jurisdiction ~Correct Answer~✓✓Decides "Federal
Forum" v. "State Forum"
- Diversity Citizenship
- Federal Question (you have the option of federal)
Diversity Jurisdiction Requirements ~Correct Answer~✓✓1. Amount in
Controversy: P's Claim more then $75,000. Claim must be made in
"good faith"
2. Complete Diversity: "Across the V", no plaintiff can reside int he
same state as any defendant.
When does Diversity Jurisdiction apply? ~Correct Answer~✓✓When a
plaintiff sues a defendant in federal court, and there is no federal
claims/cause of action. If there is no federal law in the case, the only
way they can be in the federal law is through DIVERSITY. (Amount in
Controversy/Complete Diversity)
Federal Question Jurisdiction ~Correct Answer~✓✓If there is any FQJ
it can be heard in federal court, but it still doesn't have to be. Even if
,there is diversity it can still be heard in state court, FQJ just gives you
the option to go to federal.
Well-Pleaded Complaint Rule ~Correct Answer~✓✓In determining
whether there is federal question, we look at the plaintiffs complaint,
nothing else. Even if plaintiff has federal defense or counter claim, what
determines FQJ is determined by the plaintiffs cause of action.
- Cause of action CANNOT be a state law action w/ anticipation of a
defense of a federal action/law.
-DOESNT matter if there is a "federal ingredient", if cause of action is
based on STATE LAW, there is NO FQJ.
Holmes "Creation" Test (determining FQJ) ~Correct
Answer~✓✓Similar to/Goes hand and hand with WPCR. When looking
at plaintiffs complain, what law provides plaintiff with a remedy? State
law or Federal law? If YES, FQJ exists
Private Right of Action ~Correct Answer~✓✓When congress says you
have a right to enforce a particular statute.
Supplemental Jurisdiction ~Correct Answer~✓✓Can ONLY be applied
to:
, 1) Original Jurisdiction, AND
2) Federal Question Jurisdiction
Supplemental Jurisdiction on "Pendent Parties" in a diversity claim?
~Correct Answer~✓✓NO!
EXCEPTION: Multiple P's suing 1 D, only 1 Plaintiff per defendant has
to satisfy the amount in controversy, pending there is CNOF.
COMPLETE DIVERSITY also required when talking about claims filed
by the Plaintiff.
Pendent claims/parties ~Correct Answer~✓✓Additional parties sued by
PLAINTIFF in her complaint.
• 1 federal claim/others are state law claims
• Doesn't work in diversity cases, only federal
• MUST satisfy common nucleus of facts
Ancillary claims/parties ~Correct Answer~✓✓Additional parties sued
by defendant, after plaintiff files her complaint usually by:
• counterclaim (suing back),
• cross-claim (suing other defendant), OR
• third party complaint (if I'm liable to you its because X did this wrong
too)
• MUST satisfy common nucleus of facts (if you want it to be covered
under supplemental jurisdiction
Forum" v. "State Forum"
- Diversity Citizenship
- Federal Question (you have the option of federal)
Diversity Jurisdiction Requirements ~Correct Answer~✓✓1. Amount in
Controversy: P's Claim more then $75,000. Claim must be made in
"good faith"
2. Complete Diversity: "Across the V", no plaintiff can reside int he
same state as any defendant.
When does Diversity Jurisdiction apply? ~Correct Answer~✓✓When a
plaintiff sues a defendant in federal court, and there is no federal
claims/cause of action. If there is no federal law in the case, the only
way they can be in the federal law is through DIVERSITY. (Amount in
Controversy/Complete Diversity)
Federal Question Jurisdiction ~Correct Answer~✓✓If there is any FQJ
it can be heard in federal court, but it still doesn't have to be. Even if
,there is diversity it can still be heard in state court, FQJ just gives you
the option to go to federal.
Well-Pleaded Complaint Rule ~Correct Answer~✓✓In determining
whether there is federal question, we look at the plaintiffs complaint,
nothing else. Even if plaintiff has federal defense or counter claim, what
determines FQJ is determined by the plaintiffs cause of action.
- Cause of action CANNOT be a state law action w/ anticipation of a
defense of a federal action/law.
-DOESNT matter if there is a "federal ingredient", if cause of action is
based on STATE LAW, there is NO FQJ.
Holmes "Creation" Test (determining FQJ) ~Correct
Answer~✓✓Similar to/Goes hand and hand with WPCR. When looking
at plaintiffs complain, what law provides plaintiff with a remedy? State
law or Federal law? If YES, FQJ exists
Private Right of Action ~Correct Answer~✓✓When congress says you
have a right to enforce a particular statute.
Supplemental Jurisdiction ~Correct Answer~✓✓Can ONLY be applied
to:
, 1) Original Jurisdiction, AND
2) Federal Question Jurisdiction
Supplemental Jurisdiction on "Pendent Parties" in a diversity claim?
~Correct Answer~✓✓NO!
EXCEPTION: Multiple P's suing 1 D, only 1 Plaintiff per defendant has
to satisfy the amount in controversy, pending there is CNOF.
COMPLETE DIVERSITY also required when talking about claims filed
by the Plaintiff.
Pendent claims/parties ~Correct Answer~✓✓Additional parties sued by
PLAINTIFF in her complaint.
• 1 federal claim/others are state law claims
• Doesn't work in diversity cases, only federal
• MUST satisfy common nucleus of facts
Ancillary claims/parties ~Correct Answer~✓✓Additional parties sued
by defendant, after plaintiff files her complaint usually by:
• counterclaim (suing back),
• cross-claim (suing other defendant), OR
• third party complaint (if I'm liable to you its because X did this wrong
too)
• MUST satisfy common nucleus of facts (if you want it to be covered
under supplemental jurisdiction
