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| | A [[motion]] under this rule can be made at any time, as subject matter jurisdiction can and should be raised at any stage of litigation, including for the first time on [[appeal]]. | | A [[motion]] under this rule can be made at any time, as subject matter jurisdiction can and should be raised at any stage of litigation, including for the first time on [[appeal]]. |
| | + | == Precedents == |
| | + | Rule 12(b)(1) requires dismissal if the court “lacks the statutory or constitutional power to adjudicate the case.” ''Home Builders Ass’n of Miss., Inc. v. City of Madison'', 143 F.3d 1006, 1010 (5th Cir. 1998). |
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| | + | The party asserting jurisdiction bears the burden of proof. ''Howery v. Allstate Ins. Co.'', 243 F.3d 912, 916 (5th Cir. 2001). Federal courts have jurisdiction over a claim between parties only if the plaintiff presents an actual case or controversy. U.S. Const. art. III, § 2, cl. 1; ''Okpalobi v. Foster'', 244 F.3d 405, 425 (5th Cir. 2001). |
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| | + | “The many doctrines that have fleshed out that ‘actual controversy’ requirement—standing, mootness, ripeness, political question, and the like—are ‘founded in concern about the proper—and properly limited—role of the courts in a democratic society.’” ''Roark & Hardee LP v. City of Austin'', 522 F.3d 533, 541–42 (5th Cir. 2008) (quoting ''Allen v. Wright'', 468 U.S. 737, 750 (1984)). |
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| | + | To test whether the party asserting jurisdiction has met its burden, a court may rely upon “(1) the complaint alone; (2) the complaint supplemented by undisputed facts evidenced in the record; or (3) the complaint supplemented by undisputed facts plus the court’s resolution of disputed facts.” ''Barrera–Montenegro v. United States'', 74 F.3d 657, 659 (5th Cir. 1996). When standing is challenged in a motion to dismiss, the court “must ‘accept as true all material allegations of the complaint and ... construe the complaint in favor of the complaining party.’” ''Ass’n of Am. Physicians & Surgeons v. Tex. Med. Bd.'', 627 F.3d 547, 550 (5th Cir. 2010) (quoting ''Pennell v. City of San Jose'', 438 U.S. 1, 7 (1988)). |
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| | [[Category:Civil Procedure]] | | [[Category:Civil Procedure]] |
| | [[Category:Jurisdiction]] | | [[Category:Jurisdiction]] |