Subject Matter Jurisdiction

Question 1

Diversity Requirements: complete diversity

Answer 1

Complete diversity: all parties on one side diverse from all parties on the other (e.g. Tx & De v. Ut & Ca or Va & Va v. Ga & Tx).
Stateless persons destroy complete diversity. TPDs don’t matter for complete diversity. Court can drop a party for complete diversity if that party is dispensable.

Question 2

What is the Amount in Controversy for SMJ? What can be included?

When is aggregation ok?

Answer 2

Greater than $75,000
Contract interest and punitive damages included if allowed by law. Can only add attorney’s fees if the statute includes them as damages.

Aggregation: (1) multiple claims by P against single D, (2) NO single P v. multiple D unless Ds are jointly and severally liable, (3) NO multiple Ps w/o an undivided interest, (4) NO aggregation with compulsory counterclaim (except in 3rd and 10th).

Question 3

Federal Question Jurisdiction: what are the two requirements?

Counterclaims?

Answer 3

(1) Essential Federal Element: claim created by federal law
(2) Well-Pleaded Complaint Rule: essential federal element must appear on the face of P’s complaint.

Defenses or counterclaims are ignored.

Question 4

Supplemental Jurisdiction: What are the steps?

Answer 4

(1) CNOF?
(2) Qualifying claim based on diversity?
(3) Claim by P, R19 P or R24 P? (Exxon: R20 no problem)
(4) If so, and against R14, R19, R20, R24 party = no.

Question 5

Discretionary Basis for Denying Jurisdiction

Answer 5

(1) Novel or complex state issue
(2) State claim substantially predominates (bulk of evidence relates to state issues, federal claim is minor, etc.)
(3) Federal claims have been dismissed

Question 6

Diversity for Individuals, Corporations, and Unincorporated Associations, and Class Actions?

Answer 6

Individuals = domicile (mental + physical). Minors = citizenship of minor.

Corporation = state(s) of incorporation + PPB (HQ)

Unincorporated = citizenship of members. Estate = citizenship of decedent.

Class Action = citizenship of class rep(s)

Question 7

What are the “stateless” individuals?

Answer 7

US Citizens domiciled abroad
Non-U.S. citizens with no country
Indian tribes

Question 8

Diversity Requirements: aliens and foreign states

Answer 8

Alien can’t be P unless has a domestic co-party (French v. German & Tx = not diverse, but Tx & De v. French = diverse).

Permanent resident alien from State A is not diverse from State A citizen.

China v. VA = diverse
VA v. China = Not diverse
China v. French = Not diverse

Question 9

Diversity Requirements: minimal diversity

Answer 9

Minimal diversity: at least one party on each side is from a different state (e.g. Va & Ny v. Ga & Tx & Va).