University:
Eastern Kentucky University
Course:
CRJ 314 | Law and Society
Academic year:

2022
Views:

24

Pages:

1
Author:

Mckenna Welch

Chart 2: SUBJECT MATTER JURISDICTION— IS THIS THE RIGHT TYPE OF CASE BEFORE THE COURT? Diversity Constitution & & Tag along Plaintiff: Supplemental Jurisdiction §1367 ▪only if a ∏ meets amount individually ▪and only if events are related ©Eang Ngov Federal Question Constitution Art. III, §2 Statute §1332 Amount In controversy ▪Must exceed $75,000 ▪not dependent on what jury actually awarded Plaintiff 1.Aggregation: ▪all claims against single Δ, even unrelated claims ▪can’t with co-plaintiff ▪can’t with co-Δ ▪can’t with counter claim 2. St. Paul Mercury: good faith unless legal certainty claim insufficient, Diefenthal OR Diverse Parties ▪complete diversity, Strawbridge ▪co∏ can be from same state ▪determined time of filing ▪can be perfected before judgment, Caterpillar Statute §1331 ▪can limit but can’t expand “Arising Under” ▪Osborne: Fed. ingredient ▪Mottley: Well pleaded complaint=On ∏ complaint ▪ N/A: counterclaim, defenses, rebuttal to defenses State claim Person Citizenship = domicile=reside + intent ▪U.S. citizen or Resident alien Intent to remain indefinitely= No plans to leave at a particular time YES: Gordon v. Steele NO: Mas v. Perry Entity Partnership, Limited liability part. Nonprofit Corp. State of citizenship for each member ▪see test for person State of incorp. + Principal Place of business Reference to fed. law; Embedded Fed. issue Merrel Dow: No fed. question Ppb=Hertz Nerve Center Test: Control, direction, & coordination Fed. statute claim No reference to fed law= no fed. quest. Grable factors: 1. necessarily raise fed. issue 2. fed. issue actually disputed & substantial 3. impact on fed. docket 4. fed. interest in case being in fed. forum 5. Congress’s intent to allow such claim Grable & Smith:fed. quest. exists Holmes test: fed. stat. gives private cause of action =remedy

Subject Matter Jurisdiction Is This the Right Type of Case Before the Court

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