Pithies

Question 1

Maz v. Perry
“French husband and American wife watched through two-way bedroom mirror by landlord”
Two elements of change in domicile

Answer 1

1. Taking up residence in a different domicile with
2. The intention to remain there
   [Presumed to not have happened unless affirmative evidence is presented]

If a woman marries a foreign citizen, it doesn’t revoke her citizenship, nor does it effect a change in domicile or state citizenship.

Question 2

[Mas v. Perry] COMPLETE DIVERSITY

Answer 2

Court articulates rule of complete diversity
All PLNTFs and DEFs must be domiciled in separate states
Domicile is established based on the circumstances WHEN THE LAWSUIT IS FILED
Subsequent changes do not affect citizenship.

Question 3

Strawbridge v. Curtiss (1806)
“Rule of Complete Diversity of Citizenship”

Answer 3

Congressional grant of jurisdiction to lower courts requires complete diversity of citizenship, i.e all PLNTFs and all DEFs must be from separate states.

Question 4

Louisville v. Motley
“Railroad passengers file in response to arguments not made by Defendant.”

Answer 4

Complainant is limited to a statement of COA, allowing the defense to make its own arguments. Complainant can’t preempt arguments it anticipates without giving D a chance to make them. If D argues beyond denying COA then D has the burden of providing such defense.

Question 5

Gunn v. Minton
“Hey that software is totally different, I renamed it!”

Answer 5

Federal Jurisdiction over a state law claim will lie if a federal issue is (1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution without disrupting federal-state balance.