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13 Cards in this Set

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  • Back

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)

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

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

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

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

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

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

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?

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)

If requirements are met, what cases will federal courts refuse to hear?
issuance of a divorce


child custody decree

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

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

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