MBE - Federal Jurisdiction & Procedure Flashcards

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1
Q

What is diversity jurisdiction?

A

Dist. courts have jurisidiction over case when (i) parties are from different states/foreign state, AND (ii) amount in controversy exceeds $75,000.

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2
Q

What are the two exceptions to federal DIVERSITY jurisdiction? (Where States would have control).

A

(1) Probate, and (2) Domestic Matters.

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3
Q

Diversity jurisdiction, what is the rule of complete diversity?

A

Parties must be completely diverse across opposing sides (if even one P v. D in suit from same state, diversity jurisdiction fails)

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4
Q

Diversity Jurisdiction, when is date of determination for diversity?

A

Date of filing.

There is no requirement that diversity existed exist at time cause of action arose.

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5
Q

Who may be party to diversity jurisdiction claim?

A
  1. Individuals, 2. Business Entities
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6
Q

Can a corporation be party to diversity action?

A

Yes. Corporation is citizen of state (i) where incorporated, and (ii) principle place of business.

*Both states must be listed, if different.

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7
Q

For the purposes of jurisdiction, how is corporation state of incorporation vs. principle place of business defined?

A

State of incorporation - state where corporation is legally established.

Principle place of business - balancing test based on factors where nerve center is located, location of high level officers

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8
Q

What is the date of determination for corporation’s citizenship?

A

At the time the action is commenced.

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9
Q

What are some mechanisms that can create or destroy diversity actions?

A

(1) Assignment of claim. (2) Failure to name indispensable parties

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10
Q

Diversity jurisdiction, what is the rule regarding “amount in controversy?”

A

amount in controversy must exceed $75,000.

  • attorneys fees/punitive damages may be permitted depending on contract/situation.
  • standard of proof = good faith assertion by P
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11
Q

Diversity jurisdiction, case in controversy requirement AND aggregate claims, what is important to note?

A

Single plaintiff –> total P claim = amount

Multiple plaintiff –> each P amount JUDGED SEPARATELY

What if multiple Ds –> if jointly liable, then aggregation permissible.

Class actions (generally) –> if one member does not meet requirement, then class invalidated. Class ACtion Fairness act has exceptions for class actions of 100+

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12
Q

What is supplemental jurisdiction?

A

Court may exercise supp jurisdiction over additional claims which the court would not INDEPENDENTLY have SMJ.

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13
Q

What is removal jurisdiction?

A

D can remove case from state court to federal court.

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14
Q

True or False, removal jurisdiction is available to plaintiff?

A

False, only available to defendant.

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15
Q

What rules govern the determination of removal jurisdiction?

A

Generally, determined based on pleadings filed at time of removal filing.

However, with diversity cases, diversity must exist both at (i) original filing, and (ii) removal filing.

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16
Q

When must notice of removal be filed?

A

Filed by D 30 days after receipt by or service on that D of the initial pleading or summons