Supplemental jurisdiction

Question 1

What does SMJ determine

Answer 1

If P can sue in state or federal court

Question 2

What must the action be between

Answer 2

• CItizens of different state, or
• citizens of a state and citizens or subjects of a foreign state
• citizens of different state in which citizens or subjects ofa foreign state are additional parties
• a foreign state as a plaintiff and citizens of a state or of different

Question 3

What are the main forms of federal court jurisdiction?

Answer 3

Diversity of Citizenship

Federal QUestion

Question 4

What section governs Diversity of Citizenship

Answer 4

§1332

Question 5

What are the two requirements for Diversity of Citizenship

Answer 5

Complete Diversity

Amount in Controversy

Question 6

What is complete diversity

Answer 6

diversity of ALL plaintiffs compared to ALL defendants

everyone on the left side must be from a different state than everyone on the right

Question 7

How is domicile of individuals determined

Answer 7

Permanent home + intent to remain or return

Question 8

How is domicile used to determine citizenship

Answer 8

Citizen can only have one domicile. A person is a citizen of a state where he is domiciled

Question 9

How can a person change domicile?

Answer 9

Moving to another state AND has intention of remaining in that state.

Question 10

What are factors to look at to prove domicile

Answer 10

Employment, state residency, paying taxes, registered to vote in that state

Question 11

What are the two citizenships of corporations?

Answer 11

State of incorporation

Principle place of business

Question 12

What are the three tests to determine principle place of business

Answer 12

1) Nerve Center Test (the place of corporate decision making, location of headquarters. Where the managers direct, control, and coordinate corporate activities)
2) Corporate Activities/Operating Assets Test (location of the production/services activities)
3) Total Activities Test (hybrid of the two; considers ALL the circumstances associated with the corporation’s activities)

Question 13

What is the citizenship of unincorporated associations, and what are some examples of unincorporated associations?

Answer 13

They are deemed citizens of every state they have members. EX: Sports leagues, labor unions.

Look at the citizenship of all the members.

Question 14

What is complete alienage and how does this impact diversity?

Answer 14

Aliens on both sides of the actions, renders the diversity incomplete, aliens can’t sue aliens in federal court

Question 15

How are foreign citizens’ citizenship determined?

Answer 15

Status of foreign citizens who have permanent resident status is a resident of the state in which he is domiciled

Question 16

What about US citizens domiciled abroad in terms of their citizenship for diversity?

Answer 16

Do not qualify as a citizen, can’t sue them under diversity

Question 17

What does 1359 do to plaintiffs with regards to diversity

Answer 17

Strips the district court of jurisdiction in cases where a party was “improperly or collusively made or joined to invoke the jurisdiction of such court”

Question 18

What is the amount needed for Amount in Controversey

Answer 18

Greater than $75,000 excluding interests and costs (cannot include attorney fees and costs of litigation)

Question 19

Sume provided by the plaintiff controls as long as it is what?

Answer 19

Made in good faith:

Good unless it is clear to a legal certainty that P can’t recover more than 75,000

Question 20

How do we calculate AIC?

Answer 20

Look at the cause of action, what the case law on the type of claim is, and what the law says is recoverable as damages

Question 21

How is AIC looked at for misappropriation of trade secrets?

Answer 21

Measured by P’s losses or profits unjustly received by D

Question 22

How are punitive damages calculated for AIC?

Answer 22

Look at the type of claim and see what the substantive law on the state says

Question 23

How is AIC looked at for injunctions?

Answer 23

Look at the extent of the impairment to be prevented by the injunction; court can look at past losses and potential harm

Question 24

What is aggregation of claims?

Answer 24

adding two or more claims to get over 75,000

Question 25

Aggregation of single plaintiff v. single defendant?

Answer 25

All claims can be aggregated even if they’re unrelated

Question 26

Aggregation of single plaintiff v. multiple defendants?

Answer 26

Only if the defendants are subject to joint and several liability

Question 27

Aggregation of multiple defendants v. single defendant

Answer 27

Do not aggregate if there is a seperate & distincy claim by each plaintiff (ex-mother and child suing for their individual injuries in a car accident)

ONLY AGGREGATE IF THEY HAVE A COMMON UNDIVIDED INTEREST

Question 28

What does §1331 say

Answer 28

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

Question 29

Are amount in controversy and diversity needed for federal question action?

Answer 29

No they are irrelevant

Question 30

What type of cases have exclusively federal jurisdiction?

Answer 30

bankruptcy, patents, copyright infringement, maritime

Question 31

What are concurrent jurisdiction cases?

Answer 31

All FQ cases that are not subject to exclusive federal jurisdiction. Can be filed in state court.

Question 32

What is the purpose of federal question jurisdiction?

Answer 32

the federal judiciary should have the authority to interpret and apply federal law and international law. it creates a high level of certainty and uniformity in construction and interpretation of federal law

Question 33

What is the well-pleaded complaint rule

Answer 33

P may not anticipate that D’s defense will involve a federal question; federal question must arise in P’s complaint

Cannot be based on counterclaims