Subject Matter Jurisdiction

Question 1

Subject Matter Jurisdiction

Answer 1

Us constitution Article 3 section 2
- Diversity Jurisdiction
- Federal question jurisdiction

Question 2

28 USC Section 1332 A (Diversity Jurisdiction)

Answer 2

Two Factors
a. the district courts shall have jurisdiction of all civil actions where the matter in controversy EXCEEDS the sum or value of $75000 exclusive of interests and costs and is between
1. citizens of different states
2. citizens of a state and citizens or subjects of a foreign state (except that the district court shall not have jurisdiction under this subsection of an action between citizens of a state and citizens or subject of a foreign state who are lawfully admitted for permanent residence in the us 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 and
4. a foreign state defined in section 1603a of this title as ps and citizens of a state or of different states

Question 3

complete diversity

Answer 3

no party on one side may be a citizen of the same state as any party on the other side (Mas v. Perry)

Question 4

Must be a citizen of the US and a domiciliary in the state

Answer 4

A persons domicile is the place of his true fixed and permanent home and principal establishment and to which he has the intention of returning whenever he is absent therefrom. A change in domicile may be effected only by a combination of two elements
1. taking up residence in a different domicile with
2. intention to stay there
(Mas. v. Perry)

Question 5

28 USC 1332C

Answer 5

for the purposes of this section and section 1441 of this title
- a corporation shall be deemed to be a citizen of every state and foreign state by which it have been incorporated and of the state or foreign state where it has its principal place of business except that in any direct action against the issuer of a policy or contract of liability insurance whether incorporated or unincorporated to which action the insured is not joined as a party d shall insurer shall

Question 6

Corporation (DJ)

Answer 6

citizens of all places where it has citizenship
-primary place of business (nerve center test, corporate activities test, totality activity test)
- place of incorporation

Question 7

nerve center test (***used most)

Answer 7

locus of corp. decision making authority and overall control - usually headquarters (single place) (hertz corp v. friend)

Question 8

corporate activites test

Answer 8

muscle test - location of a corporations production or service acts

Question 9

totality activity test

Answer 9

hybrid of the two other tests

Question 10

unincorporated associations

Answer 10

tracks citizenship of all constituent members of an organization (treated as individuals)

Question 11

Legal Rep

Answer 11

the legal rep of an estate, infant, or incompetent are only in the state of who they are repping

Question 12

class actions

Answer 12

only citizenships of named reps considered

Question 13

time of filing rule

Answer 13

diversity of citizenship is satisfied ONLY at the time the complaint is filed

Question 14

Alienage Jdx

Answer 14

Provides jurisdiction over actions involving aliens when the controversy is between
-citizens of a state or subjects of a foreign state
-citizens of different state in which citizens or subjects of a foreign state are additional parties
-can’t be alien v alien
-there is no jurisdiction between citizens and alien if that alien has permanent resident status under the same state (only when not against other aliens)

Question 15

28 USC Section 1331 (Federal Question Jurisdiction)

Answer 15

Two prongs (if top prong has it end there otherwise keep going down the ladder)
1. well pleaded complaint rule
2. Garble Test

Question 16

Well pleaded complaint rule (Mottley)

Answer 16

A suit arises under the constitution and laws of the US only when the plaintiffs statement of his own cause of action shows that it is based upon those laws or that constitution - has to arise out of the complaint not the anticipated defense