SUBJECT MATTER JURISDICTION - University of …管辖权-大学….docVIP

SUBJECT MATTER JURISDICTION Introduction to Jurisdiction Jurisdiction: Power of a court to Adjudicate a case (hear, decide, issue an order, force parties to obey an order) Federal Courts Jurisdiction Courts of Limited Jurisdiction Article III: Provides jurisdictional power; legislative grant is necessary to convey that power to the courts Jurisdiction is Limited to: Federal Questions (§ 1331) Diversity Cases (§ 1332) Admiralty Maritime cases (§ 1333) Bankruptcy (§ 1334) Commerce Antitrust (§ 1337) Patents Copyrights (§ 1338) Supreme Court Jurisdiction (28 U.S.C. § 1251) (a) Original Exclusive jurisdiction: Controversies between Two or more States (b) Original but Not exclusive jurisdiction (concurrent): Ambassadors or other Ministers of Foreign States Controversies between U.S. a State Proceedings by a State against Citizens of another State or Aliens Writs of certiorari (discretionary jurisdiction) Subject Matter Jurisdiction Introduction SMJ: Extent to which a court can rule of the Conduct of Persons or the Status of Things; over the Nature of the Case Type of Relief sought SMJ goes to the Heart of the Authority of the court Founders were wary of centralizing power, so federal courts are courts of limited jurisdiction Can Not be Waived by parties: SMJ is present or not Rule 12(h)(3): Lack of SMJ can be noted at Any Time during a proceeding (by suggestion of parties or noticed by the court sua sponte) and the court shall dismiss the case. EXCEPTION Des Moines case: Did Not allow Collateral Attack for lack of SMJ because the case had Already Run through Appeal to SCOTUS Capron v. Van Noorden (SCOTUS 1804) State law action brought in district ct. Defendant won in district court Plaintiff appealed citing lack of subject matter jurisdiction (no diversity) SCOTUS dismissed case for lack of SMJ (procedural grounds; not on the merits) Burden of establishing SMJ is on the plaintiff (Rule 8(a): Pleading Must include a Statement of the Grounds for jurisdiction)