Question
ubject Matter Jurisdiction is a major component in evaluating a case, and is especially relevant to the Harris case. You and Attorney Patty have identified
ubject Matter Jurisdiction is a major component in evaluating a case, and is especially relevant to the Harris case.
You and Attorney Patty have identified several concepts to review with Ms. Harris to help her fully understand the following relevant to her claim.The concepts are:
- federal question jurisdiction- exists when a case is based on a matter involving federal law or arising under the U.S. Constitution; typical cases include civil rights, constitutional, patent, copyright, and antitrust cases
- diversity jurisdiction - key requirements are (1) the amount in controversy must be more than $75,000, (2) all Plaintiffs must be residents/citizens of states different from all the states of resident/citizenship of the Defendants
- subject matter jurisdiction - must exist to bring an action in federal court, and the basis for subject matter jurisdiction must be alleged in the claim
- if subject matter jurisdiction does not exist, a Defendant can file a motion to dismiss the case for lack of subject matter jurisdiction, thereby forcing the Plaintiff to bring the case in state court.
Attorney Patty requested that you lead a discussion on these topics at the next Lunch and Learn seminar for firm paralegals.This will help you prepare for the next meeting with Attorney Patty and client Harries on these topics.
Instructions:
For the discussion, Patty preparedseveral hypothetical scenarios.You are to analyze whether the amount ($75,000) required for federal subject matter jurisdiction amount is met, thereby allowing the client to file the action in federal district court.
Hypothetical Scenarios a - e:
Analyze and explain whether/why federal subject matter jurisdiction applies to each scenario below.
a. Plaintiff has one claim against one Defendant for $70,000 in principal and $5,100 in interest.
b. Plaintiff has two claims against one Defendant:one claim is for $60,000 and one claim is for $20,000.
c. Plaintiff has two claims against two Defendants. The claims are two separate unrelated contracts. One claim is for $35,000, and one claim is for $45,000.
d. Plaintiff has two claims against three Defendants. The claims all relate to the obligations of a partnership in which the Defendants are all general partners. Each claim is for $30,000.
e. Two Plaintiffs have a claim against one Defendant based upon two separate contracts. Each Plaintiff has a claim for $60,000 against the Defendant.
Label each part a,b,c,d,e.Respond in correct, complete sentences.
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