Cluster 1: Jurisdiction
Q1: Does the court have subject matter jurisdiction?——Constitutional Power of the Court/Federalism
Q2: Does the court have personal jurisdiction? —————————————–Due Process
Q3: Has the defendant been given notice and opportunity to be heard?————Due Process
Q4: Has the defendant been served w/ process properly?
Q5: Does the court have venue?
Q6: Can a case be removed from state court to federal? (presupposing case is in state court)
Q7: Have any of the preceding six issues been waived?
Q1: Subject Matter Jurisdiction
Based/founded upon Article 3 of the constitution:
Federal Question Jurisdiction:
Federal courts are of limited Jurisdiction courts and thus…the action/claim (plaintiff cause of action) must arise under the constitution, treaties, or laws of the US.
*Copyright Act examples–Claim can not be based on breach of federal rule or anticipatory federal defense. [Louisville & Nashville Railroad company v. Mottley]
Well-Pleaded Complaint Rule: you determine whether the action arises under a federal question solely on the basis on what would be in a well pleaded complaint.
*There is no jurisdictional amount requirement for a federal question case. ($)
*Exclusive Federal Jurisdiction: Copyright Act, Patent Act, Bankruptcy
*Concurrent Federal Jurisdiction: either state or federal w/ right of removal.
Diversity of Citizenship Jurisdiction:
The rules of diversity jurisdiction are arbitrary:
Rule 1: There must be complete diversity of citizenship [Strawbridge v. Curtis]—everybody of the left of the vs. must come from a different state from everyone from the right of the vs.
Rule 2: We determine diversity of citizenship (not residence) on the day the action is instituted
Rule 3: How do we determine the citizenship of particular parties?
Natural Persons- one citizenship (domicile) –Where is the persons’ center of gravity?—
Corporations- two citizenships
The state of its birth- where it is incorporated
The state in which the corporation has its principal place of business–(where it manufactures or has headquarters). Two split rules help determine principal place of business.
Þ Where it makes its executive decisions (Nerve center test)
Þ Where the corporation does a plurality of its things (muscle test)
Unincorporated associations (labor unions and partnerships): accumulate the states of all the members of the unincorporated associations.
Representative actions: diversity is based on citizenship of the representative (historical rule). The rule now is in cases involving
o curtail pendant and ancillary jurisdiction. The court ruled that: In diversity cases, ancillary jurisdiction can only be asserted by defendants and not by original plaintiffs. The SC said that although they will allow pendant claim jurisdiction (second claim by a single plaintiff against single defendant), they will not allow pendant party jurisdiction (claim against second party w/o diversity)
Congressional reaction to P&A jurisdiction curtail age: Section 1367 of the Judicial Code: Supplemental Jurisdiction Statute
Codifies the Gibbs case: A case in controversy embraces everything within a common nucleus of operative facts.
1367(b): Codifies the Kroger decision and rejects the Finley decision. Prohibits the use of supplemental jurisdiction when the case is based solely on diversity jurisdiction and the insufficient claim is won by a plaintiff under FRCP 14 (third party practice), 19 and 20 (permissive and compulsory joinder), and 24 (intervention). In those cases, you can not use SJ in favor of a plaintiff in a diversity based action.
