Jurisdiction Flashcards
what is needed in order to hear a case in federal court?
complete diversity and jurisdictional amount requirements
when does complete diversity exist under 1332
must be citizens of different states
how is citizenship determined for non corporate entities?
by its citizenship of its members
where is a corporation’s citizenship for diversity?
where it is incorporated and where its principal place of business is located. Our circuit uses the “nerve center test” from Hertz case
what is the jurisdictional amount requirement for a federal case?
Over $75,000 (75000.01 and up), exclusive of interests and costs. a single plaintiff may aggregate claims against a single defendant for purposes of satisfying this (only needs to be proved by preponderance of the evidence)
when may claims be joined?
a plaintiff may join multiple claims against a single defendant even when those claims are unrelated. (rule 18)
can multiple defendants be joined by a plaintiff in a single suit
yes, rule FRCP rule 20 governs this, multiple defendants may be joined by a plaintiff in a single suit when the plaintiff’s claims arise “out of the same transaction or occurrance” and a “question of law or fact common to all defendents will arise in the action”
what is rule 19 for joinder of necessary parties
presence of party must be needed for just adjudication of suit. a party is necessary when it must be present to accord relief among those already parties or when multiple or inconsistent obligations would arise without them.
Remember domicile test from louisiana civil procedure! same for federal
(residence + intent)
when may someone lose an old domicile
not until they have established a new one. intent to leave is not the same as intent to remain indefinitely.
What action should one take to dismiss case for lack of jurisdiction
file a motion to dismiss suit under FRCP rule 12(b) on grounds of lack of subject matter jurisdiction OR raise its jurisdictional objection in answer to plaintiff’s complaint. If not filed, may not waive objection to lack of complete diversity because fed courts are courts of limited subject matter jurisdiction under article III and any party or court may notice the jurisdicitonal defect and cause the dismissal of suit at any time.
Know impleader, cross claim, and when to file.
look up
know supplemental jurisdiction
look up
compulsory counterclaim
look up
initial disclosures required by frcp rule 26 a 1
look up
