Themis Essay 847 Flashcards
Diversity jurisdiction exists over actions where
(i) the parties are citizens of different states or of a state and a foreign state, and (ii) the amount in controversy in the action exceeds $75,000.
When the requirements of diversity jurisdiction are met, a federal court may
exercise jurisdiction over the action, regardless of the legal subject of the controversy.
To be a citizen of a state, a person must be
a United States citizen and a domiciliary of the state.
A person is a domiciliary of the state in which they are
present and intend to reside for an indefinite period.
A corporation is a citizen of
(i) its state of incorporation, and (ii) the state where it has its principal place of business (usually its headquarters).
For purposes of diversity jurisdiction’s amount-in-controversy requirement, all of a plaintiff’s claims
may be aggregated.
For purposes of diversity jurisdiction’s amount-in-controversy requirement, the value of a single plaintiff’s claims against multiple defendants
generally may not be aggregated if the claims are separate and distinct.
If removal is sought solely based on diversity jurisdiction, the claim may be removed only if
no defendant is a citizen of the state in which the action was filed.
Removal based on federal question jurisdiction is not dependent on
the defendant’s state of citizenship.
A district court with jurisdiction may exercise “supplemental jurisdiction” over additional claims over which the court would not independently have subject matter jurisdiction if the claims
arise out of a “common nucleus of operative fact” such that all claims should be tried together in a single judicial proceeding.
If removal is based on federal question jurisdiction, the entire case may be removed if a case’s state-law claims
arise out of the same common nucleus of operative fact as the federal claim.
In a case removed based on federal question jurisdiction, the federal district court may determine all of the issues or,
in its discretion, remand any claims in which state law predominates.
Any civil action commenced in a state court that is within the original jurisdiction of the federal district court may generally be
removed by the defendant to the district court for the district in which the state court action was commenced.
Only a ________________ can remove a case to federal court.
defendant
A defendant who wants to remove a state court action to federal district court must file a
notice of removal with the district court within 30 days after receipt of the complaint.