Subject-Matter Jurisdiction

• Subject matter jurisdiction

  SML allows the court to exercise authority based upon the nature of the dispute. SMJ is a non-waivable defect, and its absence may be raised at any time.
• State courts


  State are generally, courts of general jurisdiction, and can hear cases and controversies of any subject (probate, family, and traffic). Unless they are removed of such power by state or federal law.
• Bases for federal court jurisdiction

  • Federal courts are of limited jurisdiction and can hear claims regarding:
  • Federal question
  • Diversity actions
  • Supplemental jurisdiction
  • Removal
• Federal question jurisdiction


  A case arises out of federal law if the P is alleging a right or interest that is substantially founded on federal common law, federal constitutional law, federal statutes, federal administrative laws, or treaties
• Diversity jurisdiction


  Federal court has SMJ over controversies between citizens of different states, even if no federal question is involved. The amount in controversy must exceed $75,000.00 and the action must have complete diversity at its commencement.
• Complete diversity


  No plaintiff shares the state citizenship of any defendant. Individuals are citizens of the state they are domiciled in and where they intend to remain indefinitely. A corporation is a citizen of every state and foreign country in which it is incorporated and PPB.
• Amount in controversy over $75,000


  The amount in controversy must exceed $75,000 exclusive of costs and interest, based on P's good faith allegation.
• Aggregation rules


  • A single P may aggregate any claims against a single D to meet the A-I-C
  • A single plaintiff may not aggregate claims against multiple D's
  • Multiple P's may not aggregate their claims to reach the A-I-C
  • Multiple P's pursuing claims based on a common undivided interest, the value of that undivided interest is used to determine the A-I-C for each P
• Supplemental jurisdiction


  A court may exercise supplemental jx over claims so related that they form the same case or controversy because they have a common nucleus of operative facts
• Removal


  Any action commenced in a state court that is within the original jurisdiction of a U.S. district court may generally be removed by the defendant to the federal district court
• Venue


  The place for litigating the case, proper venue depends on the theory of the claim, SM of the claim, parties involved, or combination of these factors
• Bases for proper venue in state court

  • Local action (involving property)
  • Transitory action (events could have taken place anywhere)
  • Where defendant resides
  • Where cause of action arose
  • Location of real property at issue
• Bases for proper venue in federal court


  • District where any D resides, if all D's reside in the same state
  • District where a substantial part of the events/omissions/property is located
  • No judicial district in which the action may be brought, venue is proper where D is subject to in personam jx
• Forum non conveniens


  Doctrine allows a court to dismiss an action—even if personal jurisdiction and venue are otherwise proper—if it finds that the forum would be too inconvenient
• Choice of law


  The court must determine the substantive law and rules of procedure that will govern the action
• Erie doctrine


  In a diversity action, the federal court is required to apply the common law or substantive state law that would be applied by the state in which the district court is located, and must apply federal law for procedural matters
• Conflict of laws


  In diversity actions, the U.S. district court is bound by the conflict-of-law rules of the forum state, which tells us which state's law will apply
• Elements of a good complaint


  • Jurisdiction & Venue
  • Party Identification
  • Duty
  • Breach of duty
  • Proximately Caused Damages
  • Demand for Relief
• FRCP Rule 8(a)

  A short and plain statement of the claim that will give the D fair notice of what the P's claim is and grounds upon which its rests
• FRCP Rule 9

  Sets forth certain special rules with regard to pleading, which apply not just in the context of a complaint, but to any pleading
• Reply

  A response by the plaintiff to a defendant's answer, or by a defendant to a plaintiff's counterclaim answer, third-party answer, or crossclaim answer
• FRCP Rule 15

  Allows a party to amend a pleading once as of right within 21 days, and the relation back doctrine allows amendments to avoid being barred by a statute of limitations
• Supplemental pleadings

  Permitted under Rule 15(d) to plead facts not existing when the original complaint was filed
• FRCP Rule 11

  Establishes standards for attorneys and parties when filing pleadings, motions, or other papers, and provides for sanctions for violations
• Sanctions under Rule 11


  • Nonmonetary directives
  • Order to pay a penalty into court
  • Order directing payment to the movant for reasonable attorney's fees and expenses