Subject Matter Jurisdiction

Question 1

Article 3 Section 2, states that the federal courts have subject matter jx over:

Answer 1

citizens of different states

Question 1

28 U.S.C 1332:

Describe the elements of this law.

What did congress do regarding subject matter jx?

Answer 1

The supreme court stated that congress can authorize federal courts to see some diversity cases, and not all.

28 U.S.C. 1332:

The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $ 75,000. AND

1. is between citizens of different states
2. is between citizens of a state and citizens or subjects of a foreign state.
   i. exception: if the citizen or subject of the
   foreign state is a permanent resident inthe
   U.S. and are domiciled in the same state.
3. citizens of different states and in which citizens or subjects of a foreign state are additional parties
4. a foreign state, defined as 1603 (a) of this title, as plaintiff and citizens of a state or of different states.

Question 2

What is the domicile test?

Answer 2

Domicile is the place where a person has chosen through presence (even for a moment), coupled with the intention to make that place home. The intent to remain indefinitely is the intent which is used for domicile.

Question 3

Suppose Susan Gordon arrives in Idaho with intent to practice there… but changes her mind within few months, where is she domiciled?

Answer 3

She is still domiciled in Idaho, as the presence + intent to stay indefinitely both are present.

Question 4

If a person arrives arrives at in Idaho, but does not know where she want to go after, where is she domiciled?

Answer 4

She is domiciled in Idaho

Question 5

Suppose a person is in Ohio for school from Missouri (and based on his degree, he can only get a job outside of Ohio) , and he brings a diversity suit against a Missouri resident, is there diversity jx here?

Answer 5

No, as there is no way he can stay in Ohio after school, so he is not domiciled tere.

Question 6

What is the date for determining diversity jx?

Answer 6

It is at the time of filing. Suppose the parties are diverse during the time of filing, they are diverse. if they are not diverse during the date of the filing, they are not seen as diverse, even if they later become diverse.

Question 7

Can a case where there is diversity jx be brought up in state court?

Answer 7

Yes, it can be brought up in state court. state courts also have jx over cases within federal subject matter jx.

Question 8

What is the complete diversity rule?

Answer 8

To be a proper diversity case, no plaintiff can be a citizen of the state as the defendant.

(Strawbridge)

Question 9

Can you bring a state law claim in a federal court?

Answer 9

yes, 28 U.S.C. 1132 lists out when state law claims can be brought to federal courts

Question 10

What happens to a case if later on it is decided that there is no diversity jurisdiction?

Answer 10

Then it means that the entire course of the litigation is wiped out.

Question 11

List the elements of 28 U.S.C. 1332 (c)

Answer 11

A corporation shall be deemed citizen of every state and foreign state by which is has been incorporated and of the state or foreign state where it has its principal place of business.

Question 12

Can a state have multiple principle places of business?

Answer 12

No. 28 U.S.C. 1332 (c) states THE state of foreign state.

This indicates that only one principal place of business.

Question 13

What is the Hertz Corp v. Friend Ruling that defines the principal place of business?

Answer 13

It is called the nerve center test: where a business’ center of overall direction, control, and coordination take place.

This is usually the corporate headquarters.

Question 14

What are partnerships (law partnerships) and unincorporated associations (labor unions, churches, advocacy groups) counted as?

Answer 14

They are counted as groups of individuals. So to evoke diversity jx, there must be complete diversity between the plaintiffs and defendants.

How the entity is characterized under state law will be considered.

Question 15

What is perfecting diversity? What is deadline for perfecting diversity? Give an example:

Answer 15

It is shuffling around defendants to make sure complete diversity exists. As long as diversity is perfected before judgment , then the federal court can still see the case. For example suppose Mrs. Mas was seen as domiciled in Mississippi, then before judgment the court can drop her as a plaintiff and Proceed with Mr. Mas, a French citizen, to perfect diversity.

Question 16

Does Article 3 section 2 require a minumum amount?

Answer 16

no, it is 28 U.S.C. 1332 that places the limit.

Question 17

Can congress remove or increase the amount in controversy requirement?

Answer 17

Yes, congress can limit or remove the a.i.c amount

Question 18

What is the amont-in-controversy requirement?

Answer 18

It means you have to show that there is factual basis for your amount-in-controversy claim. Even if the claim is made in good faith, there has to be a legal and factual basis for the claim. Even if lawyer and plaintiff believe that the amount-in-controversy is fair, there must a legal and factual basis to that amount.

11(b)(3) asserts that attorneys must have a colorable basis for their claims. Factual allegations must have evidentiary support.

Question 19

What can count as evidence to provide factual basis for a amount-in-controversy claim?

Answer 19

You can put in your complaint or amend the complaint in a way where you can provide more evidence such as submitting affidavits that detail injuries and or damages she suffered. Bills, lost wages, concrete injury for which a jury could award damages must be present.

A judge may determine if the facts match up the amount in controversy, a judge does not determine the amount of the plaintiff’s damages. Judge decides whether plaintiff’s injury could support a jury verdict over the required amount

Question 20

Can a single plaintiff aggregate multiple claims against a single defendant? How about multiple plaintiffs? Can the amounts demanded from different defendants be added?

Answer 20

Yes, a single plaintiff can aggregate claims over a single defendant.

Multiple plaintiffs cannot aggregate their individual claims against the defendant.

No, multiple defedants claims cannot be added together.

Question 21

Can counterclaims be added to amount-in -controversy amount?

Answer 21

no

Question 22

Article 3 Section 1 allows what when it comes to congress?

Answer 22

It allows congress to create lower federal courts and give them less than what is allowed when it comes to jx in Article 3