What is subject matter jurisdiction and how is it proven when challenged?

Subject-Matter Jurisdiction

Subject-matter jurisdiction is a federal court’s legal power to hear and decide a particular category of dispute. Federal courts possess only constitutionally and statutorily authorized jurisdiction; it cannot be created by consent, waiver, or judicial agreement.[3]

The principal bases are:

  • Federal-question jurisdiction: claims arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331
  • Diversity jurisdiction: complete diversity of citizenship and an amount in controversy exceeding $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a)
  • Supplemental jurisdiction: related state-law claims forming part of the same case or controversy as a claim within federal jurisdiction. 28 U.S.C. § 1367

Burden When Jurisdiction Is Challenged

The party invoking federal jurisdiction—ordinarily the plaintiff—bears the burden of establishing it.[3] The court does not “prove” jurisdiction in the ordinary evidentiary sense; it independently determines whether jurisdiction exists. Because subject-matter jurisdiction concerns the court’s power, the court must dismiss if jurisdiction is absent, even if no party raises the issue.[2] Fed. R. Civ. P. 12(h)(3)

Types of Challenges

ChallengeCourt’s inquiry
Facial attackThe court accepts the complaint’s well-pleaded jurisdictional allegations as true and asks whether they are legally sufficient.[1]
Factual attackThe defendant introduces evidence contesting jurisdictional facts. The court may consider evidence outside the pleadings and resolve disputed jurisdictional facts.[1]

At the pleading stage, general factual allegations may suffice, but the plaintiff must ultimately support standing and other jurisdictional requirements with evidence as the case progresses.[4]

“It is to be presumed that a cause lies outside” federal jurisdiction, and the party asserting jurisdiction bears the burden of establishing it.[3]

A jurisdictional defect cannot be forfeited or waived. Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006). The court therefore must address subject-matter jurisdiction whenever it appears deficient and must dismiss an action lacking it. Fed. R. Civ. P. 12(h)(3)

Sources & References

  1. Grace Bible Fellowship v. Polis
  2. Arbaugh v. Y & H Corp., 546 U.S. 514 (2006)
  3. Kokkonen v. Guardian Life Insurance Co of America
  4. Lujan v. Defs. of Wildlife, 504 U.S. 555 (1992)

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