Civil Procedure Flashcards
1
Q
Federal Subject Matter Jurisdiction: Intro
Statement
Civil Procedure
A
- Federal court = limited jurisdiction
- Federal question, diversity of jurisdiction or supplemental jurisdiction
- Federal subject matter jurisdiction cannot be waived
2
Q
Federal Subject Matter Jurisdiction: Diversity of
Citizenship
Civil Procedure
A
- Complete diversity of citizenship + AIC 75k+ at the time action is commenced
- Citizenship = domicile
- Domicile, person = residence, intent to make permanent (at the same time)
- Domicile, corp = principal place of business (nerve center) AND where incorporated
- Domicile, representative actions = domicile of the person being represented
- Unincorporated entities = all members
- AIC = good faith required; P can aggregate (if joint tortfeasors)
- AIC, injunctive relief = cost of compliance or benefit to P
