LEGAL GUIDE
Written by attorney Marina N. Alexandrovich

Niz-Chavez Motion To Terminate

There is legal presumption of lack of subject-matter jurisdiction in all and any federal courts. The party willing to sue MUST overcome this presumption by showing which statute vested SMJ. Any court MUST decide whether it has SMJ prior to deciding merits. Niz-Chavez killed the "two-step process."

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