Civil Procedure - Loyno L1

What is required for federal jurisdiction based on diversity of citizenship?

There must be complete diversity between parties and the amount in controversy must exceed $75,000.

Can a resident of the forum state remove a case to federal court based on diversity jurisdiction? Why or Why Not?

No, a home-state defendant cannot remove a case if the only basis for jurisdiction is diversity.

This rule prevents "forum shopping," ensuring that plaintiffs can have their cases heard in a neutral court rather than one that may favor a local defendant. It maintains fairness in the judicial process.

What happens if a plaintiff joins a party from the same state as themselves?

This violates the complete diversity rule and can prevent federal jurisdiction based on diversity.

What is the significance of the amount in controversy in diversity cases?

The amount in controversy must exceed $75,000 for federal jurisdiction to apply.

Can a party challenge jurisdiction after invoking it?

Yes, parties can challenge jurisdiction even after they have invoked it.

What is supplemental jurisdiction?

It allows federal courts to hear state law claims that are related to federal claims in the same case.

What is the "except" clause in 28 U.S.C. § 1332(a)(2)?

It states that lawful permanent residents are treated as citizens of the state where they reside, affecting diversity jurisdiction.

What is the difference between federal question jurisdiction and diversity jurisdiction?

Federal question jurisdiction arises from cases involving federal law, while diversity jurisdiction arises from cases between parties from different states.

What is the effect of a plaintiff moving to a different state after filing a lawsuit?

Diversity is measured at the time the lawsuit is filed, so a later move does not affect jurisdiction.

What is Subject Matter Jurisdiction?

The power of a court to hear a particular case, determined by the subject of law or the details of the individuals involved.

What are the two main characters of the cause for jurisdiction?

Federal questions and diversity of citizenship.

What is Diversity Jurisdiction?

A type of jurisdiction that ensures fairness by allowing cases to be heard in federal court when parties are from different states, providing a larger jury pool and a judge appointed by the president.

What is Alienage Jurisdiction?

Jurisdiction based on the presence of a foreign party in a case, allowing federal courts to hear cases involving citizens of different countries.

What is the State Citizen Test?

A test that determines citizenship based on physical presence in a state and the intent to remain there.

What is Complete Diversity?

A requirement that no plaintiff shares the same state citizenship as any defendant in a case for it to qualify for federal jurisdiction.

What happens if two parties match on one side in a diversity case?

If they are on the same side and the amount in controversy exceeds $75,000, it allows for federal jurisdiction.

How does filing a complaint affect citizenship?

Filing a lawsuit locks you into the citizenship of the state where the complaint is filed for the duration of the case.

Does residence equal citizenship?

No, while residence can be relevant, it is not the same as citizenship.

How is a corporation deemed a citizen?

A corporation is a citizen of every state where it is incorporated and where it has its principal place of business.

What does Rule 8(a) require for a claim for relief? (A): It must contain:

1. A statement of the grounds for the court's jurisdiction.

2. A statement of the claim showing entitlement to relief.

3. A demand for the relief sought.

What is 28 U.S. Code § 1441?

It governs the removal of civil actions from state court to federal court.

What is 28 U.S. Code § 1367?

It provides for supplemental jurisdiction, allowing federal courts to hear additional claims related to a case already under their jurisdiction.

How does Diversity Jurisdiction promote fairness?

By providing a larger jury pool and judges appointed by the President.

Subject Matter Jurisdiction

Refers to a court's power to hear a case based on the subject of law or details of individuals involved.

Alienage Jurisdiction

Jurisdiction based on the citizenship status of parties involved, particularly when one party is a foreign national.

State Citizen Test

Requires physical presence in a state and intent to remain there to establish citizenship.

Complete Diversity

In a multiple state vs. multiple state suit, federal jurisdiction is not available if any states match from both sides.

Amount in Controversy

If two parties match on one side, it allows federal jurisdiction if the amount exceeds $75,000.

When a lawsuit is filed you are now locked into the citizenship of that state for the duration of the lawsuit.

True

Residence vs. Citizenship

Residence does not equal citizenship; while relevant, they are not the same.

Legal Certainty Test

A defendant's challenge to diversity jurisdiction based on the amount can be defeated if the plaintiff proves the amount is certain to be met.