Subject Matter Jurisdiction

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Subject

Matter Jurisdiction- 28 U.S.C. § 1332(a)

Whether

or not a court has constitutional or statutory authority to hear a case

I.

Avitts

v. Amoco Production 1997 : Subject matter jurisdiction is mandatory for a matter to be heard in

federal court.

Subject matter jurisdiction cannot be waived and the burden is placed on

the party that asserts it as to whether or not SMJ exist.