1L Civ Pro SMJ Basics
Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards
. What would you like to do?
- The court's power
- to hear a case because of the nature of the dispute; authority to hear certain class of disputes
Motion to Dismiss for lack of SMJ controlled by what Rule?
When and who can raise SMJ?
When is SMJ void?
- a) Motion to Dismiss for Lack of SMJ- Rule 12 (raised anytime, never
i) The defense of "SMJ can be raised at any time" ... before, during, after trial or appeal… and is never waived
ii) A judgment rendered w/o subject matter jurisdiction is void ★
- iii) Motion can be raised by any party or the court by sua spone- w/o
- suggestion from another person
What jurisdiction do states have?
a) State Court have limited and general jurisdiction—usually general!
- i) Limited—authority to hear only certain types of cases; Power derives from an
- issuing authority (statute, constitution)
IE: Divorce Court, bankruptcy, etc.
—authority to hear cases of all kinds
Whats the general rule for missing merits and a court's SMJ?
★Missing merits (error of law or fact) of a case does not deprive the court of SMJ
ii) Distinction of:
- (1) The “jurisdiction-competence
- issue" (tied to the court's raw authority)
It comes down to SMJ (general v. specific)
- (2) The "substantive elements in a cause of action" (merit issues concern who can sue
Is the SOL a SMJ issue?
- YES... The Statue of Limitations
- (whether or not a suit is timely) is a SMJ issue, because it is an element
- essential for a prima facie case!!!
Concurrent Jurisdiction.... who has it?
- Concurrent Jurisdiction: Unless Congress allocates
- jurisdiction to hear a claim exclusively to the federal courts, a state court is presumed to have concurrent
- jurisdiction and may entertain the action even though it is based entirely on
- federal law.
- (1) Concurrent jurisdiction is rooted in a system of dual sovereignty. Thus, a plaintiff can file in state or
- federal jurisdiction.
3 Types of jurisdiction for Federal Courts
- I) Exclusive jurisdiction—(Some)
- congressional statutes grant only federal
- courts the authority to hear specific actions
- II) Concurrent jurisdiction—Federal statutory claims can be brought into either federal or
- state court due to overlapping jurisdiction; most claims fall into this area;
- most fed. Jurisdiction this case
- III)★Limited Jurisdiction—authority to hear only certain types of cases;
- derives from an issuing authority (statute, constitution)
Define Exclusive jurisdiction
I) Exclusive jurisdiction—(Some)congressional statutes grant only federalcourts the authority to hear specific actions
Define concurrent jurisdiction
II) Concurrent jurisdiction—Federal statutory claims can be brought into either federal orstate court due to overlapping jurisdiction; most claims fall into this area;most fed. Jurisdiction this case
Define limited jurisdiction
III)★Limited Jurisdiction—authority to hear only certain types of cases;derives from an issuing authority (statute, constitution)
2 circumstances a party can file in federal court:
(1) Diversity Jurisdiction (28 USC 1332)
(2) Federal Question (28 USC 1331)
What are the 4 categories of SMJ? and their perspective 28 USC codes?
A) Diversity of Citizenship Jurisdiction (1332)
B) Federal Question Jurisdiction (1331)
C) Supplemental Jurisdiction (1367)
- D) Removal Jurisdiction
- (1441)-what can be removed
- (1446)- How to remove
- (1447)- Procedure after removal--remand
What would you like to do?
Home > Flashcards > Print Preview