Diversity Jurisdiction in the Federal Courts Flashcards
§ 1332 Diversity Rule
Must have diversity of citizenship and amount in controversy must be over $75,000
(a) Diversity includes
(a) (1) - Citizens of different states
(a) (2) - citizens of a state and aliens (people from foreign countries)
(a) (3) - citizens of different states in which aliens are additional parties
(a) (4) - foreign state as Plaintiff & a US citizen as the defendant
What issues have exclusive federal jurisdiction?
-Bankruptcy §1334
-Patent and Copyright §1338
-Foreign consuls, vice consuls. §1351
-Admiralty and maritime §1333
-Cases where the United states is a party
Domicile Test
- Residency in the fourm state at the time of filing
& - Intent to stay indefinitely at the time the suit was filed. (Gordon v. Steele)
Who is the burden of proving SMJ?
The party asserting that there is federal jurisdiction
When does a person lose an old domicile?
Not until a new one is acquired.
For the domicile test do you need both elements?
Yes, you need both intent to remain and physical presence
Complete diversity rule
To be a proper diversity case, no plaintiff can be a citizen of the same state as any defendant. (Strawbridge)`
Complete diversity rule
To be a proper diversity case, no plaintiff can be a citizen of the same state as any defendant. (Strawbridge)`
Alienage Exception to Complete Diversity §1332 (a) (3)
“citizens of different States and in which citizens or subjects of a foreign state are additional parties”
*Must have a US citizen on both sides of the case before joining one or more aliens. *
- Does not apply if US citizen is only on one side of the case*
Plaintiff v. Defendant + Alien
= 1332(a)(3) is OK
Plaintiff + Alien v. D
= 1332(a)(3) is OK
Plaintiff + Alien v. Defendant + Alien
= 1332(a)(3) is OK
P v. Alien or Alien v. D
= 1332(a)(2) is OK
Alien v. Alien
NOT OK for §1332 or Art. III § 2
Alien v. D + Alien
Not ok
