Civil Procedure

Front 1

1. Which type of jurisdiction can be waived?

Back 1

personal jurisdiction

Front 2

2. minimal diversity

Back 2

one person from each party must be a citizen of a different state
ex. TX, OK v. TX, AL

Front 3

3. amount in controversy

Back 3

> $75,000

Front 4

4. complete diversity

Back 4

all plaintiffs are citizens of different states than all defendants
ex. TX v. AL, NY

Front 5

5. domicile

Back 5

a person's place of fixed or habitual residence and the place, when he is absent, he has the intention of returning

Front 6

6. domestic relations

Back 6

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

Front 7

7. probate

Back 7

the federal courts refuse to adjudicate (make a decision) probate (the legal certification of the validity of a will) matters.

Front 8

8. time frame for determination of citizenship (general rule)

Back 8

it is determined as of the time the complaint is filed

Front 9

9. citizenship of a natural individual

Back 9

the person's domicile

Front 10

10. "nerve center" doctrine

Back 10

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"

Front 11

11. "place of activity" test

Back 11

focuses on where the actual corporate activity takes place

Front 12

12. "total activity" test

Back 12

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

Front 13

13. 28 USC § 1332(c)

Back 13

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

Front 14

14. citizenship of unincorporated associations

Back 14

not treated like a corp. for purposes of diversity jurisdiction; citizenship of each member is significant (even nominal parties)

Front 15

15. "arising under"

Back 15

a suit arises under the law that creates that cause of action; issue of federal law must be an essential element of the claim

Front 16

16. Holmes test

Back 16

suit arises under law that creates the cause of action

Front 17

17. Substantial issue of federal law

Back 17

issue of federal law must be an essential element of the claim, and musn't upset the federal/state balance

Front 18

18. concurrent jurisdiction

Back 18

both the state court and the federal court have jurisdiction over the same case

Front 19

19. exclusive federal jurisdiction topics

Back 19

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

Front 20

20. existence of federal question under Constitution

Back 20

1. Arising under the constitution,
2. Laws of the U.S., and
3. Treaties made or to be made

Front 21

21. exclusive state jurisdiction topics

Back 21

state taxes, laws made by State agencies and/or politicians