Federal Subject Matter Jurisdiction2

Federal Subject Matter Jurisdiction2 - Subject Matter...

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Unformatted text preview: Subject Matter Jurisdiction the power of a court to hear certain kinds of cases. The Relationship Between Federal and State Subject Matter Jurisdiction 1) Every state has a court of general jurisdiction that can hear both federal and state claims. a) A litigant almost never faces the question of whether a case is within the subject matter jurisdiction of some state court. b) The more difficult question is whether the case is within the subject matter jurisdiction of the federal courts as well as of the state courts. The three bases of federal subject matter jurisdiction General federal question jurisdiction , 1) Relevant Cases a) Louisville & Nashville RR. Co. v. Mottley (p. 349) i) Facts: Mottley was giving free transportation for life in a settlement. After that Congress passed a law banning free transportation, and he sued the railroad for ii) Issue: Did the federal law create a federal question jurisdiction presumed by the complaint? (1) No. The issue was breach of contract. iii) Holding: The federal rules don't prohibit a from anticipating the 's defense. The well pleaded complaint rule determines what the plaintiff must plead in his complaint. The discussion of federal law wasnt a part of the well-pleaded complaint, and therefore the case didnt present a federal question. (1) 1331 doesnt control SCOTUS jurisdiction; SC original jurisdiction by Constitution, appellate by 28 USC 1257 (2) Says SC has appellate power whenever a question of federal law MIGHT BE involved iv) NOTE: SCOTUS ordered the dismissal of the case for a lack of subject matter jurisdiction can raise this motion on own, even on appeal (1) If a lack of jurisdiction comes to a courts jurisdiction they must dismiss even if not raised by a party 2) Relevant Statutes a) Constitution Art. III 2 b) 28 USC 1331 c) Removal Based on a Federal Question i) Right of the defendant to move a complaint from state to federal court ii) 28 USC 1441(a) a defendant can remove a case from state to federal court as long as the case could have been brought in federal court under 1331 iii) 1446 (1) for general information regarding removal, applicable time limits 30 days to remove after service or amendment, 1 yr total limit for removal regardless of amendments Rule 21 (2) 1446(a) notice of removal must be filed in district court (3) 1446(b) notice of removal must be filed within thirty days after the service of the summons or the right to remove is lost (if the claim becomes removable after the service, then the defendant has 30 days from this point)...
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Federal Subject Matter Jurisdiction2 - Subject Matter...

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