CivPro

Question 1

How to determine citizenship of a person?

Answer 1

Persons are citizens of the state where they are domiciled at the time the suit is filed.

Question 2

DOMICILE DETERMINATION FOR PERSONS

How is the domicile of a natural person determined?

Answer 2

Where a person was last both
1. Present
and
2. Intending to remain indefinitely

Question 3

Can a person have more than one domicile?

Answer 3

No, you keep your domicile until you have another.

Question 4

FACTORS FOR DOMICILE DETERMINATION OF A PERSON

Answer 4

Look for simultaneous:
1. physical: actual presence in state
AND
2. mental: intent to make state permanent home (work, vote, licensed, etc.)

Question 5

DOMICILE DETERMINATION FOR CORPORATIONS

Answer 5

A corporation is a citizen of every state where incorporated and where Corp maintains its principal place of business.

Corporations can have multiple states of domicile.

Question 6

How to determine a corporation’s
PRINCIPAL PLACE OF BUSINESS

Answer 6

Look to where Corp decisions are made. I.e. nerve center
(Usually Corp headquarters)

Question 7

DOMICILE OF UNINCORPORATED BUSINESSES (LLC, LLPs, etc)

Answer 7

Unincorporated businesses are citizens of all states which any partner or member is a citizen

Question 8

general jurisdiction

Answer 8

Used to test minimum contacts in prong 1 of PJ analysis
general jurisdiction means a defendant is subject to suit in a state for all claims.

Question 9

Where is a Def corporation at home for general jx?

Answer 9

States of incorpation and ppb state