Diversity of Citizenship Jurisdiction

Question 1

What is required for diversity jurisdiction?

Answer 1

need “complete diversity” - no PL may be a citizen of the same state as any D and the amount in controversy must exceed $75K (exclusive of interests and costs)

Question 2

What is alienage jurisdiction?

Answer 2

federal court has SMJ over disputes between a citizen of a U.S. state and an alien

Question 3

Is there jurisdiction when an alien has been admitted to U.S. as perm. resident and is domiciled in same state as U.S. citizen-opponent?

Answer 3

No

Question 4

Is there jurisdiction over an action by an alien against an alien?

Answer 4

No

Question 5

Can aliens appear as additional parties?

Answer 5

so long as there are citizens of U.S. on both sides

Question 6

When do we analyze whether diversity of citizenship exists?

Answer 6

at the time the suit is instituted (does not need to exist when the COA arose and is not defeated if, after suit is filed, party becomes citizen of same state as opponent)

Question 7

How do we determine citizenship of individuals?

Answer 7

depends on their natural home to which he intends to return (citiz. of child is that of her parents)

Question 8

How do we determine citizenship of corporations?

Answer 8

citizen of every state and foreign country in which it is incorporated
and
the one state or foreign country in which it has its PPB

Question 9

What is the PPB?

Answer 9

state/country in which its high level officers direct, control, and coordinate activities (HQs, typically)

Question 10

What is the citizenship of a partnership?

Answer 10

that of each and every partner

Question 11

How do we determine citizenship for uninc. associations and LLCs?

Answer 11

considered citizen of each state of which any member is a citizen

Question 12

What is the citizenship of a legal representative?

Answer 12

(that of the estate of decedent, infant, incompetent) = same as those people

Question 13

How do we determine citizenship in class action?

Answer 13

based on citizenship of the named members of the class who are suing

Question 14

What is supplemental jurisdiction?

Answer 14

where a court may entertain claims that, by themselves, do not meet the requirements of a FQ jurisdiction or diversity IF

the claims arise from a common nucleus of operative fact as that claim invoked in original claim (that gives rise to jurisd)

Question 15

A claim by or against an additional party must satisfy some basis of

Answer 15

federal SMJ (like diversity or FQ)
if it doesn't, could still fall under SJ (common nucleus), but there are restrictions to use of SJ

Question 16

Under SJ statute, is there SJ for claims by original parties against intervening Ds or claims by intervening PLs?

Answer 16

Not when intervention is as of right

may only proceed if there is an independent a basis for SMJ

Question 17

What happens when a party is substituted?

Answer 17

we don’t care about the citizenship of substituting party - that of the original party controls

** this is not so if the party is replaced (wrong party) - the citiz. of replacement party will control

Question 18

What is a cross-claim?

Answer 18

Claim by one co-party against another

Question 19

When can you assert a cross-claim?

Answer 19

if the claim arises from the same transaction or occurrence as underlying dispute (even if doesn’t meet div/fq, can be asserted under SJ)

Question 20

Are attorneys fees considered when determining AIC?

Answer 20

Yes

Question 21

Can PL aggregate all claims against single D to meet AIC?

Answer 21

yes

Question 22

Can PL aggregate claims against several Ds?

Answer 22

Yes, if the Ds are jointly liable to PL

Question 23

Can PL aggregate claims based on separate claims or concurrent liabilities?

Answer 23

no

Question 24

Can several PLs aggregate claims?

Answer 24

if they are seeking to enforce a single title or right in which they have a common interest or undivided interest

Question 25

What if a co-PLs claim does not meet the AIC?

Answer 25

may use SJ if there’s common nucleus as original claim (that which invoked DJ)

** but SJ cannot be used to override the complete diversity requirement: two citizens from CA (driver 100K and passenger 50K) injured in accident w/ citizen of AZ. Passenger can use SJ to have claim in fed court; but if passenger is also from AZ, no complete diversity - cannot use SJ

Question 26

Can a D’s counterclaim be combined w/ PLs claim to reach AIC?

Answer 26

No

Question 27

Does a compulsory cc need to meet the AIC?

Answer 27

No (can hear under SJ)

Question 28

What is a compulsory cc?

Answer 28

one that arises out of same transaction/occurrence as PLs claim

Question 29

What is a permissive cc?

Answer 29

one arising out of completely unrelated transaction - needs an independent juris. basis and also needs to meet the AIC

Question 30

Who can remove?

Answer 30

only Ds, not PLs

Question 31

What is the Erie doctrine?

Answer 31

federal ct in diversity case will apply its own procedural law, but must apply substantive law of the state in which it is sitting

Question 32

What do you ask when determining which law to apply under Erie?

Answer 32

1. is there federal law on point (FRCP, st, const) = if so, apply it
2. If there is no fed law on point, is the issue substantive or procedual?
   - if procedural, fed. judge doesn’t need to follow state law
3. What are clearly substantive issue?
   - SOL, rules for tolling SOL, choice of law rules, elements of claim or defense
4. if the issues isn’t clearly substantive, how does the court handle it?
   - use outcome determinative test (issue is subst. if it substantially affects outcome of case), balance of interest test (does the state have a greater interest - if yes, subs); or forum shopping deference (would failing to apply state law inc. litigation in fed court? if so, then subst.

Question 33

What are the two issues that arise in a conflicts of law problem?

Answer 33

1. does federal or state law apply?

2. which state’s law applies?

Question 34

What if a state statute or rule contains both subs. and proc. elements?

Answer 34

fed ct will apply state subs, fed proc.

Question 35

Did Erie change the federal court’s authority to create fed. common law?

Answer 35

No - can create subst. rules when interpreting federal statutes and Const.

Question 36

Will a federal ct exercise juris. over domestic relations or probate proceedings?

Answer 36

No

Question 37

When does the multiparty, multiforum trial jurisdiction act apply?

Answer 37

to accidents in which at least 75 people have died from a single accident at discrete location
minimal div. required
one PL must be of div. citi. of one D