CIVIL PROCEDURE II – Prof. Nelson
Spring 2010
I. Subject Matter Jurisdiction
a. The courts power to hear a generic type of claim (or a particular type of claim)
b. Federal courts get their power from Article III of the constitution
c. 2 types of subject matter jurisdiction
1. Federal Question:
i. 28 U.S.C. §1331: “The federal Courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States.”
a. Arising under
i. Well-pleaded complaint rule: a plaintiff’s claim must be based on federal law. Merely anticipating a defense based on federal law or a rebuttal to a defense based on federal law is not sufficient to give a court federal question jurisdiction. (also known as the Mottley Rule)
ii. fact pattern: Tiger Woods sues the New York Times for libel printing stories about him and his girlfriends causing him to lose endorsements. He must prove that what they printed was not true and that he was harmed. These are not a result of anything federal so even the fact that the New York Times may claim first amendment rights does not matter.
b. General sources of law that satisfy § 1331
i. U.S. Constitution
ii. U.S. Statutory Law
iii. Federal Treaties
iv. Federal Common Law
1. Very rare: discovery and admiralty
ii. Sample form for Federal Question is form 7b
iii. Appeals: Supreme Court can review any federal question that come up in a lawsuit, even if the lawsuit was in state court
iv. Federal courts always have power to decide whether it has power to hear a case – that is a federal question.
2. Diversity Jurisdiction: 28 U.S.C. §1332 : The district courts shall have original jurisdiction of all civil actions where the mater in controversy exceeds the sum or value of $75,000, exclusive of interest and costs AND is between citizens of different states.
i. Claims between citizens of different states
a. Complete diversity rule: all plaintiffs must be citizens of different states than all of the defendants
b. Citizenship is determined at the time of filing
c. Types of citizens and how to determine citizenship
i. People
1. Your are a citizen of where you domiciled- where you reside with the intention to stay
a. Intending to stay means intention at this time
2. Retention rule: You keep your old domicile until you establish a new one by taking up residence with the intent to stay
ii. Corporations
1. Every state in which they are incorporated and
2. Principle place of business
a. Will only have one principle place of business
b. Rule
i. Nerve Center Test: where most of the administrative decisions are made. This is how we determine principle place of business
ii. If there was not enough information on the exam to figure out where the nerve center is, fall back on the Bulk of Activity Test: where the corporation does most of its operations
iii. Unincorporated
1. Partnership
a. Has the citizenship of every partner
2. Union
a. Has citizenship of every member
iv. Administrator of Estates
1. Citizenship of only the decedent
v. Guardians of minors or incompetent persons
1. Citizenship only of the person represented
vi. Insurance companies
1. If the insured is not a party to the suit
a. Corporation State and
b. Principle place of busi
II of the United States Constitution. Such jurisdiction shall include claims that involve the joinder or intervention of additional parties.
a. How supplemental jurisdiction comes into play:
i. There is a federal claim that meets subject matter jurisdiction
ii. There is a non-diverse state claim
iii. Someone is trying to get the state claim into federal court
1. Either the plaintiff who files it or the defendant trying to remove it
b. Elements
i. There must be a claim that meets Federal Subject Matter Jurisdiction
ii. The state claim and federal claim must so related as to form part of the same case or controversy
1. So related:
a. Common nucleus of operative facts
b. Same evidence (overlap)
c. Same facts (overlap)
d. Logical relationship
iii. You would normally expect the claims to be tried together
c. You will never get to supplemental jurisdiction until your analysis shows that there is not federal question and no diversity
ii. 28 U.S.C § 1367(b): Mandatory Exceptions
a. if jurisdiction of the original claim is based on diversity, the district court shall not have jurisdiction over the state claim when:
i. The claim by the plaintiff is against
1. Parties joined under Rule 14 (Third Party)
2. Parties joined under Rule 19 (Required Joinder)
