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CH. 11 SUBJECT MATTER JURISDICTION 135 Suppose our plaintiff moves from Texas County, Oklahoma to Hawaii after the ofendant violated the federal statute, and then

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CH. 11 SUBJECT MATTER JURISDICTION 135 Suppose our plaintiff moves from Texas County, Oklahoma to Hawaii after the ofendant violated the federal statute, and then plaintiff files suit in the United States District Court for the District of Hawaii. a. Does the federal district court in Hawaii have subject matter jurisdiction? b. place? How do you feel about the Hawaii court being the court where the trial will take C. Suppose, however, that the Texas County defendant, when she gets notice of the suit in Hawaii, decides that Hawaii is a cool place and she does not mind being sued there. May the Hawaii court hear the case? Can you now see the difference between Rule 12(b)(1) and Rule 12(b)(2)? Would there be federal subject matter jurisdiction if the Texas County, Oklahoma plaintiff sued the Texas County, Oklahoma defendant for violation of state law? Same facts as question 19. However, both Oklahomans think it is acceptable to go to federal court. Does subject matter jurisdiction exist? How does your answer reiterate the rule that while personal jurisdiction is waivable, subject matter jurisdiction is not? If there is no federal subject matter jurisdiction for the case in question 19, where may the case be heard

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