Diversity of Citizenship Jurisdiction

Question 1

complete diversity

Answer 1

no plaintiff is a citizen of the same state as any defendant

Question 2

Diversity of citizenship must exist at the time of the

Answer 2

institution of the suit.

Question 3

Where is an unincorporated association deemed to be a citizen?

Answer 3

each state in which any member is a citizen

Question 4

For class actions, diversity is determined on the basis of the citizenship of

Answer 4

the named members of the class who are suing.

Question 5

supplemental jurisdiction

Answer 5

a court may entertain claims that could not, by themselves, invoke federal question jurisdiction or diversity jurisdiction if the claims arise from a common nucleus of operative fact as the claim that invoked original federal subject matter jurisdiction

Question 6

A cross-claim may be asserted if

Answer 6

the claim arises from the same transaction or occurrence as the underlying dispute. If claim does not have an independent subject matter basis, may be asserted through supplemental jurisdiction.

Question 7

permissive counterclaim

Answer 7

one arising out of a completely unrelated transaction

Question 8

A permissive counterclaim must

Answer 8

have an independent jurisdictional basis.

Question 9

A compulsory counterclaim need not

Answer 9

meet the jurisdictional amount requirement, as the court may hear it under its supplemental jurisdiction.

Question 10

Removal is permitted only by

Answer 10

defendants.