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16 Cards in this Set
- Front
- Back
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Domicile (Definition) |
Fixed Place of Abode with the intent to remain |
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How does one establish Domicile |
one needs to display residence (Physical Presence) with the intent to remain indefinitely (indefinitely defined as no intention to go anywhere else) |
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Complete Diversity Rule |
all plaintiffs are from different states than all of the defendants |
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Nerve Center Test |
Where a corporation’s officers direct, control, and coordinate the corporation’s activities - not where a corporation holds its board meetings which are attended by officers who have traveled there for the occasion |
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Minimal Diversity |
there is one party from the same states one each side of a case. (not a constitutional rule) |
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Osborne Rule |
There only needs to be a federal "Ingredient" to have constitutional authority over a case |
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Motley Rule |
Statutory scope of jurisdiction - If the case arises under federal law if the plaintiff's well pleaded complaint states a federal issue |
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The Smith Test |
Holds that a case would fall within FQJ if the plaintiff’s complaint establishes that the right to relief depends on the application of federal law |
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Merril Dow Case |
Product liability suit under state law, but a theory was that the defendant had violated a federal statute. Federal law was not intended to have a private cause of action. That was not good enough to establish FQJ |
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Grable and Sons Case |
Instructs courts when they have jurisdiction over a court when the claim arises under both federal and state issues |
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Grable Factors |
* Does the state law claim raise the federal issue * is the federal issue disputed and substantial * could the federal court entertain this without disrupting the balance of the state federal jurisdiction relationship |
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Supplemental Jurisdiction |
A district court may exercise “supplemental jurisdiction” over additional claims over which the court would not usually have jurisdiction (state law claims against a non diverse defendant) that arise out of a Common Nucleus of Operative Fact. |
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When federal courts should allow state courts to preside |
(1) There is a novel or complex issue of state law (2) The supplemental claim predominates over the federal one (3) all claims within the courts original jurisdiction have been dismissed (4) in exceptional circumstances |
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1367(b) Exemptions |
Third Party Plaintiffs Required Joinder of Party Permissive Joinder of Parties Intervention |
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Corporate Citizenship |
1. Where it is incorporated 2. Its Principle Place of Business |
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Personal Place of Business (Nerve Center Test) |
Where High Level Officers Direct, Coordinate Control and Direct Corporate activities. |
