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19 Cards in this Set
- Front
- Back
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Diversity Jurisdiction exists when |
1. Citizens of different states AND 2. The amount in controversy exceeds the sum or value of 75K , exclusive interest or costs. |
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When is citizenship determined for lawsuit purposes |
at the time the action is commenced. |
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Legal Certainty Test |
If Plaintiff says damages exist they exists unless we can say with legal certainty that it doesn't |
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Can a plaintiff aggregate her claim against multiple defendants for diversity jurisdiction ? |
NO |
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Can two plaintiffs aggregate their claims against a single defendant? |
NO |
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Well Pleaded Complaint |
Focus on factual elements on plaintiff's claim and ask whether they demonstrate a violation of the law |
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Supplemental jurisdiction is exercised when |
The claim is transactionally related to the original SMJ |
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If diversity is the only reason for claim then supplemental jurisdiction cannot be exercised against |
1. Third party 2. Second Defendant 3. Defendant intervenor |
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District court doesn't have to exercise Supplemental jurisdiction if |
It's a complicated or sole focus on State Law Issue. |
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Class action suits requirement for Federal Court |
A amount in controversy over 5 Mil |
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When there are multiple defendants against one plaintiff diversity is satisfied by |
None of the defendants being from the same state. |
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Do punitive damages count for the amount in controversy ? |
NO! |
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Federal Question jurisdiction requires the Federal Law to be |
A substantial part of the case, more than just a mere regulation. |
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If The Federal Law does not allow for a claim |
You cannot bring it in court. |
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Do partnerships have the same diversity requirements as corporations? |
No |
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How do you satisfy diversity jurisdiction against a U.S. citizen domiciled over seas? |
On a state law claim you can't , you have to argue it in state court. |
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National Labor Unions are considered domiciled where? |
Nationally same as a domiciliate overseas. |
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Legal representatives are domiciled |
with the person they represent. |
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When Is interest apart of AIC |
When it's apart of the Plaintiff's Claim i.e. a loan with interest |
