Civil Procedures I Final Exam ACTUAL
QUESTIONS AND CORRECT ANSWERS
Subject Matter Jurisdiction - CORRECT ANSWERS✅✅- Jurisdiction over a certain kind of
case (or a claim, which is part of a case); has nothing to do with geography
- Cannot be created by the consent of the parties or be waived by them
Federal vs State Subject Matter Jurisdiction - CORRECT ANSWERS✅✅- State and federal
district courts have original jurisdiction over appropriate cases
- Federal courts have exclusive jursidcition over select cases; most jurisdiction is concurrent
with state courts
- Federal courts have limited jurisdiction, state courts have general jurisdiction
Defect in Subject Matter Jurisdiction - CORRECT ANSWERS✅✅- Jurisdiction is
determined the moment the complaint is written; can be raised at any time
- Court must dismiss claim if subject matter jurisdiction is lacking
- Defendant will likley make a motion to dismiss when statute of limitations expires and/or
the defendant loses the case
Four Types of Federal Subject Matter Jurisdiction - CORRECT ANSWERS✅✅1. United
States as a Plaintiff
2. United States as a Defendant
3. Federal Question Jurisdiction
4. Diversity Jurisdiction
,Federal Subject Matter Jurisdiction - United States as a Plaintiff - CORRECT
ANSWERS✅✅- 28 U.S.C. 1345: Federal courts have original jurisdiction of all civil
actions, suits or proceedings commenced by the United States
- The government can sue any party in federal district court
- Concurrent jurisdiction; the United States does not have to file in federal court but always
does in order to have "home-court advantage"
Federal Subject Matter Jurisdiction - United States as a Defendant - CORRECT
ANSWERS✅✅- 28 U.S.C. 1346: Federal courts have original jurisdiction of all civil
actions, suits or proceedings commenced against the United States in a limited number of
civil actions
- There are a narrow set of issue for which people can file suit against the United States in
federal court; if there is no claim, there is no case
- Concurrent jurisdiction (when the claims fall within 1346) The specific number of claims
protects the United States from lawsuits
Sovereign Immunity - CORRECT ANSWERS✅✅Cannot bring a suit against the
government unless the government explicitly allows its citizens to do so
Federa; Question Jurisdiction - CORRECT ANSWERS✅✅- 28 U.S.C. §1331 - Federal
courts shall have original jurisdiction of all civil actions arising under the Constitution, laws,
or treaties of the United States (federal law)
- Any time a plaintiff claims that he is suing to enforce some right given to him by some
federal law or claims that the defendant violated that right
- Must comply with *substantiality* and *well-pleaded complaint rule*
, Substantiality - CORRECT ANSWERS✅✅- The plaintiff's claim does not arise under
federal law unless it presents a substantial claim for relief
- Claims so insubstantial or implausible or otherwise completely devoid of merit as not to to
involve a federal controversy will be dismissed for lack of subject-matter jurisdiction
- Different from claims that are unsuccessful
Well-Pleaded Complaint Rule - CORRECT ANSWERS✅✅- The claim being submitted as
the core complaint must arise under federal law
- Courts looks only to the plaintiff's complaint, not to the defendant's counterclaim or the
defendant's asserted defenses
- When looking at the complaint, courts consider the "well-pleaded" part; court ignores
anything that doesn't relate the the claim
- See Louisville & Nashville Railroad Co. v. Mottley
Diversity Jurisdiction - CORRECT ANSWERS✅✅- 28 U.S.C. § 1332: Federal courts shall
have original jurisdiction of all civil actions where there is complete diversity in citizenship
between the parties (parties of different states) and where the matter in controversy exceeds
the value of $75,000
- Concurrent jurisdiction; if there's uncertainty as to the citizenship, the case can be filed in
state court but federal courts always have jurisdiction as well if there's complete diversity
Federal Subject Matter Jurisdiction - Declaratory Judgment - CORRECT
ANSWERS✅✅Claims asking for judgment that settles legal dispute regarding rights and
duties will arise under federal law if the coercive action that could've been brought instead
also arises under federal law
Complete Diversity - CORRECT ANSWERS✅✅For there to be diversity jursidiction, every
plaintiff must be diverse from every defendant; citizenship of every party must be known
QUESTIONS AND CORRECT ANSWERS
Subject Matter Jurisdiction - CORRECT ANSWERS✅✅- Jurisdiction over a certain kind of
case (or a claim, which is part of a case); has nothing to do with geography
- Cannot be created by the consent of the parties or be waived by them
Federal vs State Subject Matter Jurisdiction - CORRECT ANSWERS✅✅- State and federal
district courts have original jurisdiction over appropriate cases
- Federal courts have exclusive jursidcition over select cases; most jurisdiction is concurrent
with state courts
- Federal courts have limited jurisdiction, state courts have general jurisdiction
Defect in Subject Matter Jurisdiction - CORRECT ANSWERS✅✅- Jurisdiction is
determined the moment the complaint is written; can be raised at any time
- Court must dismiss claim if subject matter jurisdiction is lacking
- Defendant will likley make a motion to dismiss when statute of limitations expires and/or
the defendant loses the case
Four Types of Federal Subject Matter Jurisdiction - CORRECT ANSWERS✅✅1. United
States as a Plaintiff
2. United States as a Defendant
3. Federal Question Jurisdiction
4. Diversity Jurisdiction
,Federal Subject Matter Jurisdiction - United States as a Plaintiff - CORRECT
ANSWERS✅✅- 28 U.S.C. 1345: Federal courts have original jurisdiction of all civil
actions, suits or proceedings commenced by the United States
- The government can sue any party in federal district court
- Concurrent jurisdiction; the United States does not have to file in federal court but always
does in order to have "home-court advantage"
Federal Subject Matter Jurisdiction - United States as a Defendant - CORRECT
ANSWERS✅✅- 28 U.S.C. 1346: Federal courts have original jurisdiction of all civil
actions, suits or proceedings commenced against the United States in a limited number of
civil actions
- There are a narrow set of issue for which people can file suit against the United States in
federal court; if there is no claim, there is no case
- Concurrent jurisdiction (when the claims fall within 1346) The specific number of claims
protects the United States from lawsuits
Sovereign Immunity - CORRECT ANSWERS✅✅Cannot bring a suit against the
government unless the government explicitly allows its citizens to do so
Federa; Question Jurisdiction - CORRECT ANSWERS✅✅- 28 U.S.C. §1331 - Federal
courts shall have original jurisdiction of all civil actions arising under the Constitution, laws,
or treaties of the United States (federal law)
- Any time a plaintiff claims that he is suing to enforce some right given to him by some
federal law or claims that the defendant violated that right
- Must comply with *substantiality* and *well-pleaded complaint rule*
, Substantiality - CORRECT ANSWERS✅✅- The plaintiff's claim does not arise under
federal law unless it presents a substantial claim for relief
- Claims so insubstantial or implausible or otherwise completely devoid of merit as not to to
involve a federal controversy will be dismissed for lack of subject-matter jurisdiction
- Different from claims that are unsuccessful
Well-Pleaded Complaint Rule - CORRECT ANSWERS✅✅- The claim being submitted as
the core complaint must arise under federal law
- Courts looks only to the plaintiff's complaint, not to the defendant's counterclaim or the
defendant's asserted defenses
- When looking at the complaint, courts consider the "well-pleaded" part; court ignores
anything that doesn't relate the the claim
- See Louisville & Nashville Railroad Co. v. Mottley
Diversity Jurisdiction - CORRECT ANSWERS✅✅- 28 U.S.C. § 1332: Federal courts shall
have original jurisdiction of all civil actions where there is complete diversity in citizenship
between the parties (parties of different states) and where the matter in controversy exceeds
the value of $75,000
- Concurrent jurisdiction; if there's uncertainty as to the citizenship, the case can be filed in
state court but federal courts always have jurisdiction as well if there's complete diversity
Federal Subject Matter Jurisdiction - Declaratory Judgment - CORRECT
ANSWERS✅✅Claims asking for judgment that settles legal dispute regarding rights and
duties will arise under federal law if the coercive action that could've been brought instead
also arises under federal law
Complete Diversity - CORRECT ANSWERS✅✅For there to be diversity jursidiction, every
plaintiff must be diverse from every defendant; citizenship of every party must be known
