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13 Cards in this Set
- Front
- Back
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SMJ
Diversity of citizenship |
amount in controversy must exceed $75,000 and the action must be between citizens of different states (or between citizen of a state and a foreign citizen or subject) (alien)
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SMJ
Amount in controversy |
must exceed $75,000, exclusive of interest and costs
whatever P claims in good faith is ok umless it's "clear to a legal certainty" that she cannot recover more then $75,000 |
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PJ
Constitutional analysis |
does the D have such minimum contacts with the forum so that the exercise of J does not offend traditional notions of fair play and substantive justice?
contact must result from purposeful availment, which means D's voluntary act (D must reach out to the forum) foreseeability that the D would get sued in this forum |
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PJ
Foreseeability (fair play and substantial Justice) |
Relatedness between the contact and the claim
Does P's claim arise from D's contact with the forum state? Especially important if D has small amount of contact with the forum--"relatedness" might help make up for the small amount of contact note: relatedness not needed if D has substantial ties with the forum (present when served, domicile, doing substantial continuous business forum is ok unless it puts D at a severe disadvantage |
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PJ
summary of Constitutional test |
Minimum contacts
(i) purposeful availment (ii) foreseeability Fair play and substantial justice (i) relatedness of contact and claim (ii) convenience (iii) state's interest |
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SMJ
Diversity for Corporations |
citizenship equals
1. all states where incorporated (usually only one) and 2. the one state where the corporation has its PPB a. nerve center-- where the decisions are made, or b. muscle center--where the corporation does more business activity then anywhere else |
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SMJ
Amount in Controversy: Aggregation |
can aggregate if there is one P v one D
for one P v joint tortfeasors, can aggregate the claims of the joint tortfeasors |
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SMJ
Amount in Controversy: Injunctions |
Majority view: does the harm P by more then $75,000?
Minority: would it cost D more than $75,000 to comply with injunction? |
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SMJ
Citizenship for diversity |
state of domicile
1. presence in a state WITH 2. Intent (subjective) to make it your permanent home person has only one domicile at a time (so is only a citizen of one state at a time) |
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SMJ
If requirements are met, what cases will federal courts refuse to hear? |
issuance of a divorce
allimony child custody decree |
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SMJ
Federal Q |
Complaint must show a right or interest founded substantially on a federal law
citizenship is irrelevant--no amount in controversy requirement some cases (patent infringement, federal antitrust and security claims) have exclusive federal J Key to whether can go to federal court: P is suing to vindicate a federal right |
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SMJ
Well Pleaded Complaint Rule |
the federal Q must appear as part of the P's cause of action
the existence of a defense based on federal law will not create FQ J |
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SJ
Supplemental J |
gives the court discretion to hear claims that could not otherwise be joined based on FQ or diversity if the claims arise from the same transaction or occurence
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