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11 Cards in this Set
- Front
- Back
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SMJ
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A. Exclusive
B. Concurrent 1. Federal Question 2. Diversity a. Amt. in Controversy b. Domicile C. Supplemental D. Removal |
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Exclusive SMJ
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Admiralty Cases
Bankruptcy Cases Patent and copyright Cases Certain Anti-trust cases |
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SMJ - Concurrent
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Federal Question Jurisdiction
Diversity 1. Amt. in controversy 2. Domicile |
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SMJ - Pleading & Waiver
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Fed. Question: Well-Plead Complaint - Must state basis of SMJ.
Challenge to SMJ can be raised at any stage including appeal. |
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Amt.In controversy; Aggregation Rules
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Good Faith estimation saves jurisdiction if court awards less than $75K.
Single P may aggregate all claims against a single D. Ps may aggregate on a "common undivided interest." Single P v. Multi-Ds; Aggregate only if D's jointly liable. |
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Citizenship of Corp
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State of incorporation
State of principal place of business; 1) nerve; 2) muscle test. |
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Supplemental Jurisidiction (SJ)
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1) Federal courts
2) may hear non-fed, non-diverse claims 3) related to substantial federal claim 4) entire controversy can be adjudicated at one time. (judicial economy). |
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No SJ in diversity cases
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1)P claims against impleader
2)Compulsory Joinder claims 3)Intervention |
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SJ and Statute of Limitations
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State statute of limitations are tolled as to all claims when a supplemental claim is asserted in federal proceeding.
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Challenge to SMJ
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Direct Attack; Pre-answer motion, answer or other time. Collateral Attack; No challenge when raised at subsequent suit.
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Removal
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D transfers case from state to federal court.
Orig. federal court jurisdiction Diversity; removal only if no D is citizen of forum state. All D's must consent. If non-removable case is removed to fed. ct., case will be remanded to state ct. |