← Glossary

Subject Matter Jurisdiction

Civil Procedure

Subject matter jurisdiction is the court's power over the type of case. Federal courts have limited jurisdiction, so a federal plaintiff must point to a statute that authorizes the suit. The two main doors are diversity of citizenship and federal question. Unlike personal jurisdiction, this cannot be waived or consented to, and a court must dismiss on its own motion at any stage if it discovers the jurisdiction was never there.

Rule

Leading cases

Where students go wrong

The first mistake is mixing this up with personal jurisdiction. One is power over the case, the other is power over the defendant, and only the second can be waived.

The second is misapplying the well-pleaded complaint rule. A plaintiff cannot create federal jurisdiction by predicting a federal defense, and a defendant cannot create it by raising one.

The third is being sloppy about citizenship. Domicile is residence plus intent to remain, and it does not change simply because someone is living elsewhere for a while.

FAQ

Can the parties agree to federal jurisdiction?
No. Consent cannot create subject matter jurisdiction, and a judgment entered without it is vulnerable long after the case is over.

How is the amount in controversy measured?
By the plaintiff's good faith allegation, and dismissal follows only where it appears to a legal certainty that the claim is worth less. A single plaintiff may aggregate claims against a single defendant.

What happens to state law claims in a federal case?
Supplemental jurisdiction lets the court hear claims that share a common nucleus of operative fact, though it may decline once the federal claims drop out.

Related terms

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