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25 Cards in this Set

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28 U.S.C. §1331
Federal Question.
The district courts shall have original Jx of all civil actions
arising under the Constitution, laws, or treaties of the United States [federal laws].
28 U.S.C. §1332(a)(1-4)
Diversity Statute.
(a) The district courts shall have original Jx of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, AND is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state, defined in section 1603 (a) of this title, as P and citizens of a State or of different States.
28 U.S.C. §1332(a) alien discussion
For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled.
28 U.S.C. §1332(b)
Court's Discretion.
(b) Except when express provision therefor is otherwise made in a statute of the United States, where the P who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the D may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the P and, in addition, may impose costs on the P.
28 U.S.C. §1332(c)
Corporations.
(c) For the purposes of this section and section 1441 of this title—
(1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-D, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business; and
(2) the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent.
28 U.S.C. §1332(e)
Mythical State.
(e)The word “States”, as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico.
28 U.S.C. §1359
Collusion to Create Diversity Jx.
A district court shall not have jx of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jx of such court.
28 U.S.C. §1367(a)
Supplemental Jx.
(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original Jx, the district courts shall have supplemental Jx over all other claims that are so related to claims in the action within such original Jx that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental Jx shall include claims that involve the joinder or intervention of additional parties.
28 U.S.C. §1367(b)
Solely Diversity Exception (Owen).
(b) In any civil action of which the district courts have original Jx founded solely on section 1332 of this title, the district courts shall not have supplemental Jx under subsection (a) over claims by Ps against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as Ps under Rule 19 of such rules, or seeking to intervene as Ps under Rule 24 of such rules, when exercising supplemental Jx over such claims would be inconsistent with the Jxal requirements of section 1332.
28 U.S.C. §1367(c)
Discretionary Exception.
(c) The district courts may decline to exercise supplemental Jx over a claim under subsection (a) if—
(1) the claim raises a novel or complex issue of State law,
(2) the claim substantially predominates over the claim or claims over which the district court has original Jx,
(3) the district court has dismissed all claims over which it has original Jx, or
(4) in exceptional circumstances, there are other compelling reasons for declining Jx.
28 U.S.C. §1367(d)
(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.
28 U.S.C. §1367(e)
(e) As used in this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
28 U.S.C. §1391(a)
Venue - Solely Diversity (residence/event/fallback to PJx).
(a)A civil action wherein Jx is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in
(1) a judicial district where any D resides, if all Ds reside in the same State,
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or
(3) a judicial district in which any D is subject to personal Jx at the time the action is commenced, if there is no district in which the action may otherwise be brought.
28 U.S.C. §1391(b)
Venue - Federal(residence/event/fallback to PJx).
(b)A civil action wherein Jx is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in
(1) a judicial district where any D resides, if all Ds reside in the same State,
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or
(3) a judicial district in which any D may be found, if there is no district in which the action may otherwise be brought.
28 U.S.C. §1391(c)
Venue - Corporations.
(c)For purposes of venue under this chapter, a D that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal Jx at the time the action is commenced. In a State which has more than one judicial district and in which a D that is a corporation is subject to personal Jx at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal Jx if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.
28 U.S.C. §1391(d)
(d)An alien may be sued in any district.
28 U.S.C. §1404
Change of Venue (RIGHT).
(a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
(b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the division in which pending to any other division in the same district. Transfer of proceedings in rem brought by or on behalf of the United States may be transferred under this section without the consent of the United States where all other parties request transfer.
(c) A district court may order any civil action to be tried at any place within the division in which it is pending.
(d) As used in this section, the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term “district” includes the territorial Jx of each such court.
28 U.S.C. §1406
Change of Venue (WRONG).
(a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
(b) Nothing in this chapter shall impair the Jx of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.
(c) As used in this section, the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term “district” includes the territorial Jx of each such court.
28 U.S.C. §1441(a)
Removal (State to Fed ONLY).
(a)Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original Jx, may be removed by the D or the Ds, to the district court of the United States for the district and division embracing the place where such action is pending. For purposes of removal under this chapter, the citizenship of Ds sued under fictitious names shall be disregarded.
28 U.S.C. §1441(b)
(b)Any civil action of which the district courts have original Jx founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. Any other such action shall be removable only if none of the parties in interest properly joined and served as Ds is a citizen of the State in which such action is brought.
28 U.S.C. §1441(f)
(f)The court to which a civil action is removed under this section is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have Jx over that claim.
28 U.S.C. §1652
Rules of Decision Act.
The laws of several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.
28 U.S.C. §2072(a)
Rules Enbaling Act.
(a)the Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrates thereof) and courts of appeals.
28 U.S.C. §2072(b)
Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.
28 U.S.C. §2072(c)
Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title.