Subject Matter Jurisdicton

Question 1

28 U.S.C. 1332

Answer 1

District Courts have original Jurisdiction over all civil matter where:
AIC exceeds $75,000 AND is between
Citizen’s of different states
Citizens of a State and citizens or subjects of a foreign state, except that the district courts shall NOT have original jurisdiction of an action between citizens of a state and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same state

Question 2

When is Diversity Jurisdiction determined?

Answer 2

Citizenship of Individuals must be diverse on the date complaint is filed

Question 3

How is the Domicile determined for an individual

Answer 3

1. Need to have intent to remain indefinitely
2. Old domicile is not lost until a new one is established
3. A Representative of a decedent’s estate will be the domicile of the decedent.

Question 4

What is Complete Diversity?

Answer 4

No one defendant can reside in the same state as any Plaintiff

Question 5

How is citizenship of corporations determined?

Answer 5

A corporation is a citizen of every state of incorporation AND the state where it has it’s principal place of business or nerve center.

Question 6

How is the citizenship of partnerships and unincorporated associations determined?

Answer 6

Citizenship of partnerships or unincorporated associations is determined by the citizenship of it’s members.

Question 7

What is the Amount in Controversy Requirement

Answer 7

1. The Amount in Controversy must be more that $75,000 AND
2. It must be clear to a legal certainty that the plaintiff can not recover the AIC in order to dismiss

Question 8

AGGREGATING CLAIMS
P v. D -$10,000,(accident) D - $50,000,(breach) D - $20,000(battery)
Is AIC met

Answer 8

Yes - P may add multiple claims against a single defendant to meet AIC

Question 9

AGGREGATING CLAIMS
P v. D1 -$13,000, D2 - $50,000, D3 - $20,000
All Claims for a single transaction.

Is AIC met?

Answer 9

No - P can not aggregate claims against multiple defendants to meet AIC

Question 10

AGGREGATING CLAIMS
P1 v. D - $50,000
P2—-D - $50,000
Both claims for a single transaction.

Is AIC met?

Answer 10

No - Multiple plaintiffs can not aggregate claims in order to meet AIC

Question 11

AGGREGATING CLAIMS
P1 v. D - $150,000
P2—-D - $50,000
Both claims for a single transaction.

Is AIC met?

Answer 11

Yes - If one plaintiff meets the AIC the other plaintiff may “tag along” under supplemental jurisdiction.

Question 12

Holmes Creation Test

Answer 12

Do the allegations assert a right to relief created by federal law?

Question 13

28 U.S.C 1331

Answer 13

Grants jurisdiction to the federal district court over all cases arising under the Constitution, Laws or treaties of the United States.

ALL CASES ARISING UNDER FEDERAL LAW.

Question 14

Well Pleaded Complaint Rule

Answer 14

A well pleaded complaint is limited to allegations necessary to state a how it relies on federal law NOT potential defenses - MOTTLEY

Question 15

Embedded Federal Question

Answer 15

1. Is the federal issue necessarily raised,
2. Is the federal issue actually disputed
3. Is the federal issue substantial in the relevant sense, GUNN or GRABLE
4. Is it capable of resolution in federal court without disrupting the federal -state balance approved by Congress