Midterm

Question 1

3 Tix to Federal Court

Answer 1

1. Federal Question
2. Diversity
3. Supplemental

Question 2

What is Fed Question?

Answer 2

Arises under the US constitution or other federal statutes.

Question 3

Well-pleaded complaint rule

Answer 3

Requires “arising under” federal law to be the basis of the claim or COA.

Question 4

Mottley Case

Answer 4

Significant because plaintiffs anticipated the defense would raise federal law, rather than directly violated a federal law.

Mottleys could not receive free tickets on RR which was actually a state matter and breach of contract.

Question 5

Embedded Federal Question

Answer 5

If the state law raises an important enough federal issue despite not adhering to the Well-pleaded complaint.

Exception to Well-pleaded complaint

Question 6

Grable Test

Answer 6

1. Necessarily raised - must raise a federal issue.
2. Actually disputed - both parties disagree
3. Substantial
4. Capable of resolution without disrupting the balance of state and federal

Question 7

Grable Case

Answer 7

The court in Grable, even though the CoA was about a “state quiet title”, the issue itself was whether the IRS provided Grable proper notice of its property sale, as defined by federal tax law 26 USC §6335.

Question 8

Diversity Jurisdiction

Answer 8

1. Citizens of diff states
2. Amount in controversy exceeds 75k(§1332(a))

How state law claim gets heard in federal court.

Concurrent jurisdiction (can be heard by both fed/state)

Question 9

Citizenship

Answer 9

A person is a citizen of a state in which they are domiciled.

Question 10

Domicile requirements

Answer 10

1. Physical prescence
2. Intent to remain indefinitely - no fixed plans to leave
   * Vague intentions to leave do not violate this requirement.
   * citizenship is in the last state you had domicile
   * US citizen or green card

Question 11

Hawkins v. Masters Farms

Answer 11

• held that a person is a citizen of the state in which they are domiciled.
• plaintiff’s presence and intent to remain were in Kansas
• the domicile of the decedent is what matters

Question 12

Diversity of Foreign Citizen

Answer 12

1. A foreign citizen can be subjected to a US lawsuit and diversity can be invoked. §1332(a)(2)
2. Either domiciled in diff state or diff country suing a US citizen
3. No foreign citizen v. foreign citizen for diversity purposes

Question 13

Redner v. Sanders

Answer 13

• held that even if a person is a US citizen, they may not be considered domiciled in a US state if they are living in a foreign nation.
• had connections to CA, he was not considered domicile since he had no physical presence within CA and, obviously, showed no intent to remain in CA

Question 14

Complete Diversity Rule

Answer 14

• All plaintiffs must be from different states than all the defendants.
• Diversity based on when the case was filed
• Mechanism to prevent in-state favoritism

Question 15

Corporate Diversity

Answer 15

1. State of incorporation
2. Principal Place of Business - Where senior execs go to work. AKA Nerve Center
   * Not where they do the most business

Question 16

Hertz Corp v. Friend