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Subject Matter Juris

QuestionAnswer
25. Subject matter jurisdiction refers to the court's authority to adjudicate based on the ___ and in some cases, the ___. type of case dollar amount in controversy
26. Federal courts have subject matter jurisdiction over two types of cases: —federal question —diversity of citizenship
27. The statute dealing with general federal question jurisdiction is ___. It provides that federal courts have jurisdiction over ___ of the United States. 28 U.S.C. § 1331 any case or controversy arising under the Constitution, laws, or treaties
28. In addition to the general federal question provisions in § 1331, there are specific statutes on federal question jurisdiction, including actions against (name three): foreign states, admiralty, patents, civil rights, consuls, internal revenue, and United States as plaintiff or defendant.
29. Diversity jurisdiction is covered by ___. That statute provides that federal courts have subject matter jurisdiction over claims between ___, or between ___, where the amount in controversy ___. 28 U.S.C. § 1332 citizens of different states state citizens and foreign citizens exceeds $75,000
30. Although the Constitution requires only ___, § 1332 requires ___. This means that all plaintiffs must have different citizenship than all defendants. partial diversity complete diversity
31. For diversity purposes, a corporation has two citizenships, which are: a. state of incorporation b. principal place of business
32. For diversity purposes, partnerships have the citizenship of ___. all the partners
33. The amount in controversy is determined by plaintiff's ___. good faith pleading
34. In achieving the amount in controversy, may Plaintiff aggregate a. all of Plaintiff's claims against one defendant? b. alternate theories of recovery for the same wrong? c. claims of different plaintiffs? d. claims against different defendants? a. yes b. no c. no d. no
35. In some cases, a related claim that lacks diversity or federal question jurisdiction may be included. This is called ___. supplemental jurisdiction
36. Federal courts traditionally abstain from ___, ___, and ___. family law, probate, and state criminal proceedings
37. If plaintiff has filed his action in state court, and jurisdiction is proper in federal court, defendant may remove the case to federal court by filing a ___ in federal court, attaching a copy of ___ and ___ to the state court and all parties. notice of removal all state court pleadings giving notice
38. If there is a ___ in the removal, the case must be remanded to state court no matter when the objection is made. jurisdictional defect
39. If there is a ___ in the removal, the case must be remanded to state court if a ___. procedural defect proper and timely objection is filed
40. State court subject matter jurisdiction is governed by ___. state law
41. In state courts, subject matter jurisdiction is designated by ___ and/or ___. type of case dollar amount
42. In Texas, state district courts have ___ over all claims of ___ or more in controversy. general jurisdiction $500
43. Federal courts have ___ over patent claims. Federal and state court share ___ over ___. exclusive jurisdiction concurrent jurisdiction federal civil rights actions
44. A court has ___ jurisdiction if it is the required forum at the beginning of the case. A court has ___ jurisdiction if it may adjudicate a case only after it has been heard in a lower court. original appellate
45. A Texas state district court has ___ jurisdiction over any dispute involving $500 or more, and ___ jurisdiction over appeals from Texas state agency decisions. original appellate
46. A federal district (trial) court has ___ jurisdiction over appeals from federal administrative agency decisions. appellate
47. The United States Supreme Court has ___ jurisdiction over disputes between states. original
Created by: longhorn90