Diversity Jurisdiction

Question 1

[Mas v. Perry]
Rule of Complete Diversity

Answer 1

All PLNTFs and DEFs must be domiciled in separate states
-Domicile is established based on the circumstances WHEN THE LAWSUIT IS FILED
-Subsequent changes do not affect the status of diversity.

Question 2

[Mas v. Perry]
Domicile Elements:

Answer 2

True home
Intent to either remain or return

Question 3

[Mas v. Perry]
Two elements of change in domicile

Answer 3

1. Taking up residence in a different domicile with
2. The intention to remain there indefinitely
   [Maintenance of existing domicile is presumed unless there is affirmative evidence of a change in domicile]
   -Brand new true home
   -Brand new intent to remain indefinitely

Question 4

[Mas v. Perry]
Domicile is established based on the circumstances WHEN

Answer 4

THE LAWSUIT IS FILED
Subsequent changes do not affect citizenship.

Question 5

[Mas v. Perry]
Diversity in actions between spouses

Answer 5

ALL DOMESTIC DISPUTES ARE NON-DIVERSE
-Generally, the wife takes the domicile of the husband upon marriage.
-After divorce, ex-wife is still assumed to have this new domicile
-This does not extend to foreign citizens.
-Keeps divorce, child custody, domestic violence, alimony, etc. out of Federal Courts.