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21 Cards in this Set

  • Front
  • Back
1. Which type of jurisdiction can be waived?
personal jurisdiction
2. minimal diversity
one person from each party must be a citizen of a different state
ex. TX, OK v. TX, AL
3. amount in controversy
> $75,000
4. complete diversity
all plaintiffs are citizens of different states than all defendants
ex. TX v. AL, NY
5. domicile
a person's place of fixed or habitual residence and the place, when he is absent, he has the intention of returning
6. domestic relations
the federal courts have traditionally refused to hear cases dealing w/ "domestic relations" even if the requisite diversity of citizenship and amount of controversy have been satisfied
7. probate
the federal courts refuse to adjudicate (make a decision) probate (the legal certification of the validity of a will) matters.
8. time frame for determination of citizenship (general rule)
it is determined as of the time the complaint is filed
9. citizenship of a natural individual
the person's domicile
10. "nerve center" doctrine
for corporations involved in "far flung and varied activities" in many states, the principal place of business should be that place from which its "officers direct, control, and coordinate all activities without regard to locale; corporate headquarters"
11. "place of activity" test
focuses on where the actual corporate activity takes place
12. "total activity" test
demands a case-by-case analysis that looks at such factors as the corporate structure, the nature of the activities conducted in various locations, the importance accorded the activity by the corp. itself, the # of employees in a given location, and the degree to which the activity brings the corp. into the community
13. 28 USC § 1332(c)
a direct action statute allows an injured plaintiff to sue the alleged tort feasor's insurance company before obtaining a judgment against the insured and without joining the insured
14. citizenship of unincorporated associations
not treated like a corp. for purposes of diversity jurisdiction; citizenship of each member is significant (even nominal parties)
15. "arising under"
a suit arises under the law that creates that cause of action; issue of federal law must be an essential element of the claim
16. Holmes test
suit arises under law that creates the cause of action
17. Substantial issue of federal law
issue of federal law must be an essential element of the claim, and musn't upset the federal/state balance
18. concurrent jurisdiction
both the state court and the federal court have jurisdiction over the same case
19. exclusive federal jurisdiction topics
admiralty, maritime, bankruptcy, copyright, trademark, patent, postal service, imports/internal revenue, presidential elections, when U.S. is a party, employee of the U.S., indian tribes, juror's employment rights
20. existence of federal question under Constitution
1. Arising under the constitution,
2. Laws of the U.S., and
3. Treaties made or to be made
21. exclusive state jurisdiction topics
state taxes, laws made by State agencies and/or politicians