Subject Matter Juris

Question 0

Citizenship determined by domicile

28USC(a)(2)

Answer 0

Us citizen & domicile

DOMICILE= physical presence & intent to stay

Question 1

28 USC 1332(a)(2)
Alienage juris
2011 amended

Answer 1

If person has a greencard deemed ct
Itzel of state where domiciled
SO IF GREENCARD IN THAT & Domiciled it’s NIT ALIENAGE
(Inconsistent w/prior case said can’t be a citizen of state if not citizen of US.)

Question 2

Intent to stay for domicile analysis

Answer 2

Intent is subjective so courts meas by reference to objective factors. Drivers license, auto Regis, voter Regis,payment taxes, purchase home, resident tuition state univers, bank acts
(Mas v perry, mrs. Mas, ct looked at already moved again as her lack intent to stay, she was only in school)

Question 3

28 USC 1332(c)(2)

Minors& decedents

Answer 3

Legal repres of estate of either is deemed a citizen of the state of the minor/deceased.

Question 4

Diff tests used for principal place of business

Answer 4

Nerve ctr, muscle center, total activities test

*nerve ctr was adopted

Question 5

Nerve center test

Answer 5

A corp’s PPB is the place where the corp’s high level officers direct, control & coordinate the corp activities.
Easier to apply. (If we used gen business activity would have to decide which activity, to difficult )

Question 6

Circumstances where nerve ctr test might fail

Answer 6

Where whole bulk of activities in one place and directors in another state making all decisions there?.??
-telecommuting?
(Hertz v. Friend)

Question 7

Why committee of judicial conference of us added PPB to states citizenship?

Answer 7

-Prevent fraud & abuse
(Used to file incorp in one state the n have nada to do w/it)
-shrink judicial docket
-used bankruptcy basis

Question 8

LLC CITIZENSHIP

Answer 8

Look at citizen of each member

Big unions usu. LLC & can’t get into fed ct, cuz can’t get diversity

Question 9

Divorce, alimony & child custody

&probate w/minor exceptions

Answer 9

Fed cts do not have JURIS over, leave them to state cts cuz better versed in these issues

Question 10

Is amt in controversy requirement required by constitution?

Answer 10

NO. Added by congress for docket control

Don’t want fed ct to become small claims ct

Question 11

Are punitive damages allowed in good faith claim (amt in controversy)

Answer 11

No

Question 12

Why req good faith claim?

Answer 12

Major waste of resources to dismiss & start all over. Pennoyer- want JURIS at beginning of case, why attached property at beginning)

Question 13

Aggregation

When Pltf tack together 2 multiple claims?

Answer 13

1 plt & 1 def = fine

Different damages but relate to same case

Question 14

Aggregation more than 1 Pltf , 1 def?

Sec 1332

Answer 14

Only when jointly liable. If being sued together as one lump sum.
Ex) if both dr. Doing surg on u, messed up & sue jointly then CAN aggregate.
If not, if separately cmt acts,tort then not jointly liable & can’t aggregate & each separate must exceed $75,000 req.

Question 15

New rule PATENT CASES
1338(a)
2011

Answer 15

Patent cases will ALWAYS be in federal court.

Even if mentioned in counter claim, gets heard.

Question 16

Declaratory judgment

Answer 16

When a party asks a court to declare relative rts of both parties.
Can only be in cases where actual controversies, so STILL look for div JURIS or fed ?

Question 17

Coercive claim

Answer 17

Has no fed ct JURIS, so if ask for declaratory judgment still look at what ISSUE is.
COA-Pltf , has to be about fed ?.
If brought up as counterclaim doesn’t count