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Subject Matter JX

QuestionAnswer
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
Created by: r14me
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