1L Civ Pro SMJ Basics

• The court's power
• to hear a case because of the nature of the dispute; authority to hear certain class of disputes

• a) Motion to Dismiss for Lack of SMJ- Rule 12 (raised anytime, never
• waived)

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

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.

ii) General—authority to hear cases of all kinds

★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)

• (2) The "substantive elements in a cause of action" (merit issues concern who can sue
• whom).

It comes down to SMJ (general v. specific)

• Purpose:
• res judicata

• 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: 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.

• 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)

I) Exclusive jurisdiction—(Some)congressional statutes grant only federalcourts the authority to hear specific actions

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

III)★Limited Jurisdiction—authority to hear only certain types of cases;derives from an issuing authority (statute, constitution)

(1) Diversity Jurisdiction (28 USC 1332)

(2) Federal Question (28 USC 1331)

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