1. Subject Matter Jurisdiction

Question 1

Under 28 USC 1332, what do district courts have jurisdiction of?

Answer 1

All civil actions where the matter in controversy exceeds $75k and has complete diversity

Question 2

Under 28 USC 1332, what are the ways that complete diversity is met?

Answer 2

1. citizens of different states
2. citizens of a state and citizens of a foreign state (that are not permanent residents domiciled in the same state)
3. citizens of different state where citizens of a foreign state are additional parties

Question 3

Define state citizenship

Answer 3

US Citizenship + Domicile

Question 4

Define domicile

Answer 4

presence in a state + no definite intent to leave

Question 5

How are US citizens domiciled abroad seen in a diversity case?

Answer 5

A US citizen domiciled abroad is like a citizen of all states, would not get into federal court based on diversity

Question 6

Under 28 USC 1332, where are corporations citizens?

Answer 6

In the state of incorporation and principal place of business

Question 7

Under 28 USC, how are unincorporated associations treated for citizenship?

Answer 7

Unincorporated associations are treated as groups of individual litigants, not like a corporation.

Question 8

What is the Carden rule for unincorporated associations?

Answer 8

General partners who conduct operations court for diversity count but limited partners who are passive investors like corporate stockholders do not count.

Question 9

What is the St. Paul Mercury Test for amount in controversy?

Answer 9

To remove on amount in controversy, it must be legally certain that the amount in controversy is less than $75k. When AIC is challenged, it must be adequately founded in fact.

Question 10

Under 28 USC 1446, removal based on AIC must be what?

Answer 10

> $75k

Question 11

What are the rules of aggregation?

Answer 11

1. counterclaims do not count for AIC

Co-plaintiffs and co-defendants cannot total to meet AIC except:
2. if 1st plaintiff meets AIC, 2nd plaintiff can tagalong
3. All defendants must meet AIC by themselves
4. AIC is met where either defendant could be liable for >$75k
5. AIC is met if there is a common undivided interest that is >$75k

Question 12

Under 28 USC 1331, who is given the ability to address federal question?

Answer 12

The lower federal courts

Question 13

How is it determined if there is an issue of federal question?

Answer 13

The well-pleaded complaint rule which states that the plaintiff’s initial complain must contain the references to the federal question and federal issue evoked

Question 14

FRCP Rule 12 (h) states that if there is a lack of SMJ, what must happen?

Answer 14

The court must dismiss the action if the court determines at any time that it lacks SMJ

Question 15

28 USC 1441 allows defendant(s) to remove to what district court?

Answer 15

Defendant(s) may remove to the district court of the state where the case currently is

Question 16

Under 28 USC 1441, removal is limited by the in-state defendant rule which states what?

Answer 16

The in-state defendant rule prevents the defendant from removing based on diversity if the forum is the defendant’s domicile.

Question 17

Under 28 USC 1446, what is the limitation to removing based on diversity?

Answer 17

Cases may not be removed based on diversity more than 1 year after the action has started. This includes the time where the in-state defendant rule prevented removal

Question 18

Under 28 USC 1446, when must the notice of removal be filed by and by who?

Answer 18

It must be filed within 30 days of receiving the initial pleading or being served or when the case first becomes removable

All defendants must consent within 30 day window

Question 19

Under 28 USC 1446, when do the 30 days start counting?

Answer 19

When the last defendant receives initial pleading