Subject Matter Jurisdiction ***Subject matter jurisdiction cannot be waived*** I. Diversity Jurisdiction A. 28 U.S.C. 1332 1.

Where the amount in controversy exceeds $75,000 federal court has jurisdiction to hear cases involving suits between citizens of different States, suits between citizens of a State and Aliens, citizens of different States where Aliens are also parties, and foreign states as plaintiffs and citizens of a State B. Amount in Controversy 1. Must exceed $75,000 2. Must be a good faith claim a. Must appear to a legal certainty that amount claimed is false in order to override this good faith claim 3. When aggregation of claims allowed: a. Multiple claims by one P against one D b. Multiple P asserting an unidentified interest c. Claims alleging joint and several liability against multiple D C. Diversity of Citizenship 1. Must have Complete Diversity a. All plaintiffs must be from different states than all the defendants at the time suit is brought (Strawbridge v. Curtiss) 2. Citizenship a. Individuals 1. Determined by domicile a. The place where a person has his/her permanent principal home to which he/she returns or intends to return. b. Corporations 1. Place of incorporation 2. Principal place of business (Nerve Center Test) c. Non-incorporated associations (churches, partnerships, labor unions, etc.) 1. Citizenship is determined by the citizenship of each individual member the aggregate of the membership gives citizenship d. Minors/incompetent persons 1. Legal guardian/representative assumes citizenship of the minor/person e. Aliens 1. Permanent residence used as their place of citizenship f. Exceptions 1. Subject-matter jurisdiction not conferred on probate and domestic relations matters

II. Federal Question Jurisdiction A. Article III section 2 1. Arises under federal law a. Standard of Osborne 1. If an ingredient of the case has a federal question the Supreme Court can hear it 2. Constitution does not create the lower federal courts and so you must look to statute 28 U.S.C. 1331 B. 28 U.S.C. 1331 1. To qualify for jurisdiction under 1331 must have a. Essential Federal Element; ON 1. Creation test; or a. Claim created by or brought pursuant to federal law 2. Substantial federal interest test a. Does the plaintiffs right to relief depend upon application or interpretation of federal law b. The Face of a Well-Pleaded Complaint 1. Expected defenses do not count (Mottley) III. Supplemental Jurisdiction A. Supplemental Jurisdiction Test 1. Does the broad grant of supplemental jurisdiction under 1367(a) apply? a. Free standing Federal Claim 1. Claim which the federal court has original jurisdiction b. Common Nucleus of Operative fact 1. Supplemental claim arises from a common nucleus of operative fact 2. Does 1367(b) bar supplemental jurisdiction a. Solely a Diversity claim? 1. No a. Will not prevent Supp. Jur. b. Supplemental claim by plaintiff 1. If the claim is not made by the plaintiff, or by a Rule 19 or Rule 24 Plaintiff, then 1367(b) will not prevent Supp. Jur. 2. If claim made by a Rule 19 or 24 plaintiff the claim will not qualify for Supp. Jur. c. Claim against certain joined parties 1. Claims against parties under Rule 14, 19, 20, or 24 are not permissible for supplemental jurisdiction 3. If 1367 (a) and (b) are fulfilled, does 1367(c) provide a discretionary basis for denial a. Novel State Issue b. State Claim Predominates c. All Federal Claims dismissed d. Exceptional Circumstances

4. 1367 (d) a. Statute of Limitations is protected for 30 days after dismissal from state court IV. Removal Jurisdiction A. Definition: 1. Removal a. State Federal 2. Transfer a. Federal Federal 3. Dismissed a. Federal State B. Removal governed by 28 U.S.C. 1441 1. 1441(a) a. Cases which can be removed 1. If the case could have been filed in federal court to begin with b. Who can remove 1. Only the defendant a. If Multiple defendants, all must agree and sign motion of removal c. Venue Restrictions 1. Must be removed to the federal court whose district houses the state court (even if that court wouldnt have had jurisdiction originally) 2. 1441(b) a. Restrictions 1. At home defendants cant remove in diversity cases 3. 1441(c) a. Case with a federal question and an unrelated state law claim my be removed C. 1443 1. Surplus to make sure civil rights actions can be removed D. 1445 1. Some actions cannot be removed at all 2. RR cases, workmen's comp., violence against women, etc. E. 1446 Procedure for removal 1. Defendant must file notice of removal signed pursuant to Rule 11, which contains a short, plain statement of the grounds for removal 2. The notice is filed with the appropriate federal court and the state court where the action is pending 3. Notice must be filed within 30 days of receiving the initial pleading, or within 30 days of receiving an amended complaint that triggers the removal action, or 30 days within the event that allows removal, like the dismissal of a non-diverse defendant

4. State diversity claims cannot be older than a year for the defendant to file notice to remove F. 1447 1. Once a case has been removed, plaintiff has thirty days to file motion to dismiss for any reason other than lack of jurisdiction, or the right to removal dismissal is waived 2. Jurisdiction challenges can be raised at any time 3. An order dismissing a case to state courts is not reviewable on appeal (except civil rights cases)