Civil Procedure II – Outline
I. SUBJECT MATTER JURISDICTIONà limitation on forum
Summary of SMJ:
1. Federal Question
a.) Art III § 2 – Broad Interpretation: Federal Ingredient in COA
b.) § 1331 – Narrow Interpretation:
i. Well Pleaded Complaint Rule (Mottley )
ii. Substantial Federal Question (Merrell Dow)
2. Diversity: (exceptions: divorce, alimony, child custody, probate/administration of estate)
a.) Art. III § 2 (Requires Minimal Diversity)
b.) § 1332
i. Amount In Controversy
· AIC > 75K
· Must be pleaded in good faith and w/ legal certainty on facts of complaint
· Aggregation of amt by one Π under R. 18 is allowed
Aggregation of amt by several Πs under R. 20 OR R. 23 not allowed (however, if one Π in class axn satisfies AIC then ok)
ii. Complete Diversity – (Strawbridge)
· Diversity must exist at time complaint is filed
· Citizenship is of Individual is domicile (Mas v. Perry)
o Fact Intensive:
§ Residence
§ Intent to Remain
· Citizenship of Corporation § 1332(c)
o Any state of incorporation (can be more than one)
o State of principle place of business:
§ Total Activity Test (modern trend – hybrid)
· Nerve Center Test: decision making
· Muscle Test: production, shipping, distribution
· Citizenship of Class = Domicile of Class Representatives
· § 1359 – Prohibits Manufactured Diversity – in assignment of claim, assignor must transfer all his interest and retain no interest in subject matter
3. Supplemental
· §1367(a) gives Fed Dist Crt supplemental jurisdiction over other claims that are so related to an original claim. §1367(a) applies regardless whether Crt’s jurisdiction over original claim was based on Fed Q or Diversity.
· §1367(b) takes away supplemental jurisdiction from the Crt over other claims (brought by Π or proposed Πs). §1367(b) applies only if the other claims will break complete diversity of the original claim.
§1367 (a) Power – Crt shall exercise jurisdiction:
· Original jurisdiction over one claim (Fed Q or Diversity).
· Other claims “so related” (CNOF-Gibbs) that they’re part of the same controversy.
· Includes claims that involve joinder of additional parties (reversed Finely).
§1367 (b) Power – Crt shall not exercise jurisdiction
· Original jurisdiction solely based on § 1332
· Onl
2. Interpreted more broadly than § 1331 requiring only a federal law “ingredient” in the case in order for the Court to have subject matter jurisdiction
3. U.S. Supreme Ct. has authority to review State Supreme Ct. decisions based on § 1257 and Art III § 2 (both are broadly interpreted latter requiring substantial federal interest)
ii. 28 USC § 1257 (broader interpretation than §1331) State Courts; Certiorari
1. Final judgments or decrees rendered by the highest court of the state may be reviewedby the Supreme Court where the validity of federal law is drawn in question OR the validity of a state law is drawn into question as being repugnant to the Constitution…
2. Allows a case to go from highest court of state to US Sup. Ct.
iii. 28 USC § 1331 (interpreted narrowly – WPCR)
District Courts shall have original jurisdiction in all civil actions arising under the Constitution, laws of the US, and Treaties
