SMJ

Question 1

Choice of law in div cases where it is unclear IF it is substantive or procedural

Answer 1

Step 1: Does fed law directly address issue?

ROAD A:
IF Y ==> Apply Fed Law as long as …
1. law is arguably procedural; AND
2. law does not modify a substantive right
** IF N ==> State **

ROAD B:
IF N ==> Apply State Law Erie Analysis …
1. State law is outcome determinative; AND
2. No countervailing fed policy interest

Question 2

Pullman

Answer 2

Resolution of unsettled state law in state court would moot federal constitutional issue

** pull out man **

Question 3

Burford

Answer 3

Injunction or declaratory judgment would interfere with complex state regulatory scheme that serves important state policy & provides timely & adequate judicial review

** u could hear bur (but) - ford (for) the complex reg scheme **

Question 4

CO River

Answer 4

Pending state proceeding involving substantially same parties & issues presents exceptional circumstances that justify conserving judicial resources

** Exceptional river/ exceptional circumstances **

Question 5

Younger

Answer 5

Injunction or declaratory judgment would interfere with pending state proceeding that involves important state interest & provides adequate opportunity to litigate federal claims

** this fed case is younger than the pending one in state ct **

Question 6

Ways to add parties

Answer 6

Req joinder: Requires addition of necessary party to suit

Permissive joinder: Allows addition of nonessential party to suit

Intervention: Allows nonparty whose interests may be affected to join suit

Impleader: Allows defendant to add nonparty who may be liable to defendant for all or part of asserted claim to suit

Interpleader: Allows possessor of property to force persons who claim ownership of property to resolve dispute in single suit

Class Action: Allows party to represent interests of entire class of similarly situated individuals

Question 7

Where is a corp a citizen for purposes of diversity?

Answer 7

a corporation is a citizen….

(1) of **every State where it has been incorporated **

and

(2) of the State where it has its principal place of business.
==> the Supreme Court holds that the principal place of business refers to the “nerve center” of the corporation.

Partnerships: citizen of each state that a partner is a citizen for purposes of determining diversity jurisdiction

Question 8

When to believe Ps gf assertion re AIC

Answer 8

In general, a plaintiff’s good-faith assertion in the complaint that the action satisfies the amount-in-controversy requirement is sufficient, unless it appears to a legal certainty that the plaintiff cannot recover the amount alleged.

Question 9

Div Juris Exception

Answer 9

Federal courts have traditionally declined to exercise jurisdiction over domestic-relations matters, such as spousal support, even though the requirements for diversity jurisdiction are otherwise met.

Question 10

FQ Juris where state law creates a cause of action & fed law issue is raised

Answer 10

When state law creates a cause of action, a federal court can nonetheless exercise general federal-question jurisdiction IF

1. the complaint raises a real and substantial issue of federal law, and
2. the outcome necessarily depends on resolving this federal issue.

For federal-question jurisdiction to be invoked, the federal issue must appear on the face of the plaintiff’s well-pleaded complaint—not the defendant’s answer or counterclaim.

Question 11

Claim aggregation for DJ

Answer 11

permitted for single P against single D,

or

multiple Ps with
common/undivided interest (counterclaims generally not counted in determining
whether P has met amount)

Question 12

Supplemental Jurisdiction (memorize exceptions)

Answer 12

Permitted when these supplemental claims share a common nucleus of operative facts (here, the automobile accident) with a claim within the court’s original subject-matter jurisdiction. But when that claim is based solely on diversity jurisdiction, supplemental jurisdiction is not permitted if a supplemental claim:

1. would contaminate diversity of citizenship

or

2. seeks $75,000 or less and is made by a plaintiff (1) against parties added through joinder, intervention, or impleader or (2) seeking to join through compulsory joinder or intervention—neither of which is seen here.

Question 13

Reason Y a court in FQ juris may decline to hear supp claim

Answer 13

IF the original claim is based on federal-question jurisdiction, the court can decline to exercise supplemental jurisdiction for any of the following discretionary reasons:

1. the supplemental claim raises a novel/complex state law issue
2. the supplemental claim predominates over the original claims
3. the original claims have been dismissed or
4. another compelling reason exists.