Diversity of Citizenship Jurisdiction Flashcards
For diversity jurisdiction, a corporation is considered a citizen of:
1) every state in which it is incorporated; and 2) the one place where its principal place of business is.
How many principal places of business can a corporation have?
Only one.
May a single plaintiff aggregate unrelated claims against a single defendant to reach the $75,000 < requirement for diversity jurisdiction?
Yes.
Under the Erie Doctrine, federal courts apply state ____________ law and federal _____________ law.
Substantive; procedural.
If one plaintiff invokes diversity jurisdiction in federal court, another plaintiff may invoke supplemental jurisdiction to have their claim heard in federal court, too if:
1) the claim arises from the same nucleus of operative fact; and 2) there is complete diversity between the plaintiffs and the defendant(s).
Under Title 28, can a citizen of a state sue a citizen of a foreign country?
Yes. Diversity jurisdiction allows a United States citizen to sue a citizen of a foreign country in federal court so long as there is complete diversity between the parties and the amount in controversy requirement is met.
What are two areas of cases over which the federal courts will refuse to exercise jurisdiction?
Domestic relations and probate.
Will the federal courts exercise jurisdiction over criminal proceedings?
Yes, where appropriate.
Are attorneys fees and interest included in the amount in controversy requirement for diversity of jurisdiction?
Yes, if the attorneys fees are recoverable by contract and interest is part of the claim.
When can a plaintiff or defendant intervene in a case?
When the plaintiff/defendant has a claim/defense involving a common question of law or fact. This is within the judge’s discretion.
When are the parties’ citizenship settled for purposes of the diversity requirement?
At the time the lawsuit is filed with the court.
Can the federal courts exercise *diversity jurisdiction over criminal proceedings?
No. Federal courts cannot exercise jurisdiction over criminal proceedings simply because there are diverse parties.
In order to bring a claim to federal court under supplemental jurisdiction, the original claim must . . .
be based on federal subject matter jurisdiction.
A brings a federal subject matter jurisdiction claim to federal court. B, another plaintiff, brings a state claim which shares common issues of law or fact as A’s claim to federal court under supplemental jurisdiction. A’s claim is later dismissed by the court. Must B’s claim also be dismissed?
No. Claims brought to federal court under supplemental jurisdiction can remain in the federal court despite the federal subject matter claim which the supplemental jurisdiction claim piggy-backed off of was dismissed.
Under what circumstances will a state claim that is in federal court via supplemental jurisdiction be dismissed to state court?
If the state claim is 1) complex or novel; 2) predominate over the federal claims; or 3) in exceptional circumstances there are compelling reasons why the court must decline jurisdiction.
Alienage Jurisdiction —
Citizen of the USA v. Citizen of another country
Diversity of Jurisdiction —
Kansas v. Missouri
A foreign citizen has a green card and is legally admitted for permanent residence in the United States. If she is sued, is the case under diversity of citizenship jurisdiction or alienage jurisdiction?
Alienage jurisdiction. A citizen of a foreign country, regardless of their being legally present in the United States, cannot be considered a citizen for purposes of the diversity of citizenship rule.
