MBE: Subject matter jurisdiction

Below are videos and other resources regarding subject matter jurisdiction.

For a master listing of all Civ Pro MBE resources on this site, click here. 

 

Handouts and problem sets

This site contains many helpful Civ Pro resources that you may use to supplement your studies for the MBE. These resources include problem sets (with explanations), handouts, flowcharts, and more. Look to the right for helpful resources on this topic.
To understand subject-matter jurisdiction, you must also understand joinder. Here are just two reasons why: 1. Don't confuse joinder with subject-matter jurisdiction. Satisfying joinder does not mean there is SMJ, and satisfying SMJ does not mean joinder is appropriate. 2. To properly analyze supplemental jurisdiction, you have to understand the joinder scenario. The reason for this is because 28 U.S.C. § 1367(b) lists a variety of joinder scenarios where supplemental jurisdiction will be divested when original SMJ is based solely on diversity.

Subject matter jurisdiction MBE review (Feb. 2016)

This video covers selected issues regarding original subject matter jurisdiction and removal jurisdiction. The video also includes annotations to point you to specific materials of interest. Topics include:

  • Federal question jurisdiction
  • Diversity jurisdiction
  • Supplemental jurisdiction
  • Removal jurisdiction

Subject matter jurisdiction MBE review (May 2015)

This video covers selected issues regarding original subject matter jurisdiction and removal jurisdiction. The video also includes annotations to point you to specific materials of interest. Topics include:

  • Federal question jurisdiction
  • Diversity jurisdiction
  • Supplemental jurisdiction
  • Removal jurisdiction

Diversity basics: citizen of a state

This video covers the meaning of the phrase "Citizen of a State," which is relevant to diversity jurisdiction.

Topics include:

  • Relevant language from Article III & 1332
  • Scenarios analyzing U.S. Citizen + domiciled in a State
  • The two elements required for a change of domicile
  • The varying approaches taken by courts to the requisite intent for a change of domicile
  • Modeling of how to outline or flowchart the law

Diversity advanced: amount in controversy

This video explores the "amount in controversy" (AIC) requirement of 28 U.S.C. 1332(a).

Topics include:

  • Basics of the AIC
  • The St. Paul Mercury test for AIC
  • Examples of where the AIC can and cannot be met
  • Measuring the AIC in cases seeking an injunction

Diversity advanced: 1332(a)(2) and (a)(3)

This video discusses jurisdiction where the suit includes aliens.

Topics include:

  • Basics of alienage under 1332(a)(2)
  • The caveat language of 1332(a)(2), which divests jurisdiction when the suit is between a Citizen of a State and an LPR foreign citizen domiciled in the same state
  • The purposes behind 1332(a)(3), which permits an alien to sue another alien, so long as the suit already involves a controversy between citizens of different states

Diversity advanced: aggregation

This video explores aggregation. For details on how supplemental jurisdiction (and Exxon v. Allapattah) effect the outcome of aggregation scenarios, see the videos on supplemental jurisdiction below, as well as the handout on Aggregation before and after 1367 and Exxon Mobil.

 

JD review of supplemental jurisdiction (Spring 2015)

Issues discussed in video:

  • The ice cream cone metaphor
  • 1367(a)'s grant
  • 1367(b)'s divestment of the grant
  • 1367(c) and (d)

IMPORTANT NOTE: I would note that by the time we reached this issue, we were many hours into the review and forgot to discuss Exxon v. Allapattah, the contamination rule, and the effect of 1367 on aggregation scenarios. This omission was not intentional and was instead a reflection of fatigue engendered by a multi-hour review. For information on these issues, see the addendum video below.

 

Addendum to supplemental jurisdiction review (Spring 2015)

This video covers materials not noted in the Spring 2015 JD review of supplemental jurisdiction. 

Topics discussed:

  • Exxon v. Allapattah basics
  • Contamination
  • A bit on aggregation