Jurisdiction over the Subject Matter of the Action (Subject Matter Jurisdiction) Self-Quiz

 

 

 

 

 

 

 

 

 

 

 

 

John, a citizen of Florida, has filed an action in federal court in Georgia against Andrew, a citizen of Georgia, for injuries John sustained during a car accident that occurred in Georgia. Andrew lives Georgia. John seeks $60,000 in damages. After Andrew is served with the summons and complaint, he timely files an answer denying liability. The trial begins, John presents his case, Andrew presents his case, and the court hears final motions before the case is sent to the jury for their decision. Andrew then moves to dismiss the complaint for lack of subject matter jurisdiction. Will the court grant or deny the motion?
Choice 1 Deny, because Andrew has waived his objection to the court’s lack of subject matter jurisdiction.
Choice 2 Grant, because John should have brought the action in Florida.
Choice 3 Deny, because the court has diversity jurisdiction.
Choice 4 Grant, because the court has no subject matter jurisdiction.
Andy, a citizen of California, brings a cause of action in federal court against the LMNO Corporation, which is incorporated in California and has its principal place of business in Nevada. If the only basis for the court’s subject matter jurisdiction is diversity jurisdiction, how is a court most likely to rule on a LMNO’s motion to dismiss for lack of subject matter jurisdiction?
Choice 1 Grant - because LMNO Corporation is a citizen of both California and Nevada, and Andy is a citizen of California, there is no diversity.
Choice 2 Deny – because LMNO is a citizen of Nevada and Andy is a citizen of California, so there is diversity of citizenship.
Choice 3 Deny – because it doesn’t matter where the corporation is incorporated. All that matters for diversity purposes is where the corporation has its principal place of business, which is Nevada, so there is diversity of citizenship.
Choice 4 Grant – because it doesn’t matter in which state the corporation maintains its principal place of business. All that matters for diversity purposes is where the corporation is incorporated, which is California, so there is no diversity of citizenship.
Andy, a citizen of California, brings a cause of action in federal court against the LMNO, L.P. (Limited Partnership). LMNO, L.P. is comprised of the following partners: Zack, who is domiciled in Virginia; Chris, who is domiciled in Alabama; Ross, who is domiciled in New Jersey; and LMNO & Co., which is incorporated in Delaware and has its principal place of business in California. Does the court have jurisdiction based on diversity of citizenship? Assume the amount in controversy is gretaer than $75,000.
Choice 1 Yes, because Andy’s citizenship is different from at least one of the partners.
Choice 2 Yes, because Andy’s citizenship is different from the individual partners and LMNO & Co.’s place of incorporation.
Choice 3 No, because LMNO & Co. has duel citizenship – California and Delaware.
ABC Corp., a citizen of New Jersey, brings an action in New York state court against DEF Corp., a New York citizen, alleging that DEF Corp. owns all bookstores in New York, New Jersey and Connecticut, and therefore, has a monopoly. ABC Corp. claims it has been injured because it has been unable to create a market for its own bookstores. DEF Corp. moves to dismiss the case on the basis of lack of subject matter jurisdiction. How is the court likely to rule?
Choice 1 Deny, because ABC has a right to seek retribution for its injuries.
Choice 2 Grant, because the federal courts have exclusive jurisdiction over all federal antitrust cases.
Choice 3 Deny, because DEF is a citizen of New York.
Choice 4 Grant, because ABC Corp. is a citizen of New Jersey.
Greg, a citizen of Connecticut, brings an action in federal court in Rhode Island against John, a citizen of Rhode Island, seeking $90,000 in damages. Does the court have subject matter jurisdiction?
Choice 1 No, because the amount in controversy is too low.
Choice 2 No, because there is no diversity jurisdiction.
Choice 3 Yes, because there is diversity jurisdiction.
Choice 4 Yes, because John is a citizen of Rhode Island.
XYZ Corp., a company that manufacturers and sells vacuums, is incorporated in Delaware. It has offices in both Wyoming and Iowa. In the office in Wyoming, there are two salespersons, some books, voice mail, and one customer service representative. In Iowa, there are 40 salespersons, the manufacturing plant, the repair facility, the customer service department, and the president’s and vice president’s offices. Of which state(s) is/are XYZ Corp. a citizen?
Choice 1 Delaware
Choice 2 Delaware and Wyoming
Choice 3 Delaware, Wyoming and Iowa
Choice 4 Delaware and Iowa
XYZ Corp., a company that manufacturers and sells vacuums, is incorporated in Delaware and Maryland. It has offices in both Wyoming and Iowa. In the office in Wyoming, there are two salespersons, some books, voice mail, and one customer service representative. In Iowa, there are 40 salespersons, the manufacturing plant, the repair facility, the customer service department, and the president’s and vice president’s offices. Of which state(s) is/are XYZ Corp. a citizen?
Choice 1 Delaware, Maryland and Iowa
Choice 2 Delaware, Maryland, Iowa and Wyoming
Choice 3 Maryland and Iowa
Choice 4 Delaware and Iowa

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