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10 Cards in this Set

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1331
Federal Question Jurisdiction
District courts shall have original jurisdiction of all civil actions arising under the constitution, laws, or treaties of the United States
1332
Diversity of Citizenship
(a): Matter in controversy exceeds $75,000.(b): When finally adjudged and P is entitled to less than $75,000, district court may deny costs to the P, and may impose costs to P.
1335
Interpleader
Insurance company that doesn't want to pay multiple claims.
1367
Supplemental Jurisdiction
special joinder device that allows stakeholders to obtain a judicial determination that he owes an obligation to one of several competing claimants
1391
Venue
Action brought only in 1) judicial district where D resides, if Ds reside in same state 2) judicial district in which substantial part of events, or property, or 3) judicial district in which any D may be found.
1404
Change of venue
a) for convenience of parties and witness, in the interest of justice, a district court may transfer to any judicial district where it might have been brought. b) any court within the same district. c) district court may order any civil action to be tried at any place w/in the division in which its pending.
1406
Cure or Waiver of Defects:
a) if venue is laid in the wrong venue district court shall dismiss, or if in the interest of justice transfer to any district in which it could have been brought. b) doesn't impair jurisdiction if parties do not object.
1441
Removal from State Court
a) any civil action brought in state court of which the district courts have original jurisdiction may be removed by the D to the district court of where the action is pending b) any civil action based on federal question shall be removed w/out regard to the citizenship of the parties, any other action shall be removed only if none of the parties is a citizen of the state where the action is brought. c) whenever a cause of action within the jurisdiction conferred upon federal question and joined to non-removable claims, the entire case may be removed and the district court may determine all issues or remand all issue where state law dominates.
1652
State Laws as Rules of Decision
The laws of the states, except in federal question cases, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.
2361
Process and Procedure in Interpleader
any civil action of interpleader any district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any state or U.S. court affecting the subject of the action until further order of the court and shall be returnable as the court directs.