Civil Procedure I
Fall 2006 – Taha
II. Subject-Matter Jurisdiction
Definitions
Original jurisdiction – where a case starts
Exclusive jurisdiction – case cannot start anywhere else
Not exclusive jurisdiction – case can start somewhere else
Concurrent jurisdiction – 2 courts have jurisdiction over a matter
Appellate jurisdiction – case doesn’t start there, but gets there through appeal
Also known as derivative jurisdiction
State courts have general jurisdiction (SMJ) over almost all cases
Limitations
Federal question where SMJ is given exclusively to fed courts
Local action that arose outside of state
Constitution, Article 4, §1 – Full Faith & Credit Clause
Does not apply to criminal law, only civil (??)
Federal courts have limited jurisdiction
Article 3, §2 provides power of judiciary
Sets parameters of fed court’s jurisdiction
Article 1, §8 provides Congress power to create federal laws
Congress can create laws that can only be heard in fed courts
Gives fed courts exclusive jurisdictions
USC §1331 Federal Question
USC §1332 Diversity of Citizenship & Amount in Controversy
If Congress hadn’t set up federal court system, states would have dealt w/these matters
That is why jurisdiction is concurrent
Lacks v. Lacks
Residence was element for divorce, but could not be used to challenge subject matter jurisdiction
Diversity of citizenship
USC §1332
§§A – citizens of different states, citizens of a state and foreign state, citizens of different states and in which citizens of foreign state are additional parties, a foreign state as P and citizens of a state or of different states, and for purposes of this section (1335 & 1441), an alien admitted to US for permanent residence shall be deemed a citizen of the state in which such alien is domiciled
§§B – amount in controversy exceeds $75,000 (not = $75,000) exclusive of interest and costs
if P wins and final amt in judgment is NOT $75,000, P may have to p
rom same state
Construction of Congress’ intent, NOT framers’ intent
Complete diversity required by statute, not required by Constitution
Determining Citizenship
Mas v. Perry
Citizenship for purposes of diversity of citizenship determined by a party’s domicile state
Domicile is intent to make a state your home
True, fixed, & permanent home and principal establishment, and to which he has the intention of returning whenever he is absent
Citizenship synonymous w/domicile
NOT residencyàcan be resident in place other than domicile
Wife’s domicile usually follows that of her husband
Child’s domicile usually follows that of parents
Diverse citizenship must be present at time complaint is filed & is unaffected by subsequent changes
Blair Holding Corp. v. Rubinstein
