Question | Answer |
Concurrent JX | cases can be heard by both State & Fed. cts. |
Fed. Ct. Constitutional Grant of SMJ | Article III: U.S. a party; between States; State v. Citizen of another State; diversity; land grants of diff. States; Foreign parties |
Fed. Ct. Statutory Grant of SMJ | s1331 , s1332 |
Minimal Diversity available when... | Federal Interpleader Act (property ownership litigation); Multiparty, Multiforum Trail JX Act (accident w/ at least 75 deaths) |
Mas (determining citizenship of indiv.) | 1. reside there 2. intent to remain there |
Alieanage JX | o An alien admitted to the U.S. for permanent residence shall be deemed a citizen of the State in which such alien is domiciled |
Determining Citizenship of Entities - Corps. | State of Incorp. & PPOB: If multiple states of incorp. then asses majority rule (every state) vs. minority rule (look only to State where claim filed) |
Determining Citizenship of Non-Incorporated Businesses (Partnerships, LLPs) | citizen of every state in which any member is citizen |
Determining Citizenship of LLCs | JX Split: Would State law/ct. qualify it as "corp." vs. "corp." = corp, not LLC |
RE: Amount in Controversy Assessment Standard | P's good faith allegation is presumed to be true unless it appears to a "Legal Certainty" that claim is really for less |
Aggregation | Multiple P's cannot; Single P can against D or Ds |
Fed. Q JX [s1331] [Mottley] | Fed. issue must be part of a well-pleaded complaint and must be sufficiently central part of the dispute to justify jx [Mottley: only look to P's complaint] |
Declaratory Judgments | may be entertained in federal court only if the coercive action that would have been necessary, absent declaratory judgment procedure, might have been so brought |