Civ Pro

Question 1

28 U.S.C. § 1331

Federal Question

Answer 1

Federal courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the U.S.

Question 2

28 U.S.C. § 1332 (individual)

Diversity, amount in controversy, costs

Answer 2

District courts have OG jurisdictions of all civil action when the matter in controversy exceeds $75,000 (no interests/costs) and complete diversity
(1) Citizens of different states
(2) Citizens of a state and foreign citizens (or subjects)

Question 3

28 U.S.C. § 1332 (Business)

Answer 3

Corporations have 2 citizenships
Headquarters (Nerve Center)
Incorporated

Question 4

28 U.S.C. § 1332 (Legal Rep)

on behalf of Decedent(‘s estate), minor, mentally incompetent

2

Answer 4

The legal representatives citizenship is the same of the decedents.

Only account for the decedents citizenship not representatives

Question 5

28 U.S.C. § 1441 (general)

Removal of Civil Action

Answer 5

Civil Action brought in state court that a fed court does have federal Jurisdiction over can be removed by the defendant to Federal Court

Question 6

28 U.S.C. § 1441 (Removal based on diversity citizenship)

Answer 6

May not remove if any of the parties are citizens of the forum state where the action is brought

Question 7

28 U.S.C. § 1446 (timing)

Answer 7

Removal must be within 30 days of defendants receipt of claim
EXCEPT if the basis is solely removal and is more than 1 year after commencement of the action
Unless Plantiff acted in bad faith to prevent D from removing the action

Question 8

28 U.S.C. § 1367

Supplemental Jurisdiction

Answer 8

May excecise supplemental jurisdiction over state law claims that are so related to the orginal federal claim, they must
Form part of the Same case or controversy

Tell one story

Question 9

Can Courts dismiss Supplemental Jurisdiction under

28 U.S.C. § 1367

Answer 9

Yes, a fed court may decline to exercise if
there is a novel or complex issue of state law
state law claims predominate, or
the federal claims have been dismissed

Question 10

28 U.S.C. § 1447

Answer 10

At any time before final judgment that district lacks subject matter jurisdiction over a case that has been removed it can be remanded to state court

Question 11

Mottley Well Pleaded Complaint Doctrine

Federal question jursdiction

Answer 11

Anticipated federal defenses to state law claims do not “arise under” federal law

Mottley

Judicial interpretation of 28 U.S.C. § 1331

Question 12

What is

Citizenship for the purposes of diversity jursidiction

Answer 12

1) where a person resides;
2) w/ intent to remain indefinitely

Question 13

What is

Complete diversity

28 U.S.C. § 1332

Answer 13

Requires all plantiffs to be diverse from all the defendants

Question 14

When is

Diversity jursidiction determined

Answer 14

Determined at the time the action is filed and not at the time the claim arises

Question 15

28 U.S.C. § 1332 (permanent resident alien)

Answer 15

No diversity jursidiction between a citizen of a citizen of a state and a permanent resident alien who is domiciled in the same state

Question 16

Minimal diversity

Answer 16

any plaintiff
diverse from any defendant is required for class action suits in which the amount in controversy
EXCEEDS $5,000,000

Question 17

Amount in controversy

Combine cases?

Answer 17

a single plaintiff may aggregate two unrelated
claims, BUT two or more plaintiffs with claims regarded as separate and distinct may not aggregate
claims.