Smj Divesrsity

Question 1

U.S.C. 1332

Answer 1

Federal courts have original jurisdiction over disputes between citizens of different of states or citizens of a state and a foreign state and and amount in controversy that exceeds $75,000.

Question 2

U.S.C. 1367
diversity

Answer 2

AIC: Supplemental JDX: Second plaintiff may “tag along” with first plaintiff if first plaintiff meets the AIC and all claims from same controversy

**cannot join to meet AIC

Question 3

Aggregation AIC

Answer 3

A single plaintiff can aggregate claims against a single defendant to meet AIC, even if claims are unrelated. (1P v 1D)

Question 4

Domicile Test (Gordon)
State v State

Answer 4

Residence + intent to remain indefinitely
*No plans to leave the state indicates intent to remain indefinitely, leaving can be intent to remain indefinitely

Question 5

CA State Courts SMJ

Answer 5

Small claims <$10k, no attorneys
Limited jurisdiction $10k < x ≤ $25k (exclusive of attorney fees)
Unlimited jurisdiction > $25k
exclusive of attorney costs

Question 6

Citizen of a state

Answer 6

To be a citizen of a state a person must be a U.S. citizen and domiciliary of that state.

Must be at least one US citizen/state resident to apply diversity

Question 7

Complete diversity
(Strawbridge)

Answer 7

No plaintiff may be from the same State as any defendant.

Question 8

Expat
(Mas v Perry)

Answer 8

Not citizens of a State bc there is no intent to reside there indefinitely, nor citizens of a foreign state bc they are still U.S. citizens → No diversity JDX for expats

Question 9

28.USC.§1332(c) (1)
Corporations Domicile

Answer 9

Place of incorporation + Principal place of business (PPB) (HQ) place where corporations high level officer’s direct control and coordinate the corporation’s activities

Question 10

Partnerships, businesses
Domicile

Answer 10

The domicile of each individual member of the association is considered to determine diversity