SUBJECT-MATTER JURISDICTION - New York University

COURSE: CIVIL PROCEDURE. PROFESSOR: ARTHUR R. MILLER. SEMESTER: FALL 2013. GRADE: A- COMMENCING AN ACTION. Rule 3: A civil action is commenced by filing a complaint with the court.. o Does NOT toll state statutes of limitations. Walker, 434; Ragan, 416. SUBJECT-MATTER JURISDICTION . Rule 12(h)(3): If a court lacks SUBJECT-MATTER JURISDICTION , it MUST dismiss the action. SUBJECT-MATTER JURISDICTION cannot be waived. Capron, 28. State courts are courts of general JURISDICTION . Determining whether a statute is jurisdictional or substantive: o Clear-Statement Approach: If statute uses the word, JURISDICTION , the statute is jurisdictional, if not, not jurisdictional. Arbaugh, 263. o Contrasts with Context/Relief Approach: If a statutory condition entitles plaintiff to relief, it likely pertains to the merits and not to JURISDICTION . Morrison, 264. A state court cannot deny SUBJECT-MATTER JURISDICTION to causes of action arising under laws of different states if it has an analogous state claim per the Full Faith and Credit Clause.

common and undivided interest is that if one plaintiff were to fail to collect his share, the remaining plaintiffs would collect a larger share. Durant, 287. o In a case of a car accident with damages: A $45,000, B $50,000, CANNOT aggregate o Diversity jurisdiction exception for domestic relations and probate. 289-91.

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