Subject Matter Jurisdiction: Diversity Jurisdiction Flashcards
(17 cards)
Federal courts have jurisdiction over claims in which:
- there is complete diversity and
- the amount in controversy exceeds $75,000
Complete diversity means?
no single plaintiff may be a citizen of the same state as any single defendant
How is diversity determined for individual plaintiffs/defendants?
determined by the state of domicile
An individuals domicile is that where the individual:
- resides (their home) and
- intends to remain or to return to if not currently present
Domicile is _____ when the lawsuit is _____
fixed; filed
How is diversity determined for corporations?
Look to the states where the corporation is (1) incorporated and (2) where the headquarters are
How is diversity determined for unincorporated corporations?
Every single owner counts as a separate domiciled party for diversity (location of operations or headquarters is irrelevant)
How is diversity determined for a foreign citizen not admitted as a permanent resident?
They may sue a US citizen based on diversity and may be sued by a US citizen based on diversity
How is diversity determined for a foreign citizen admitted as a permanent resident of a state?
They are treated as a US citizen for diversity purposes – deemed to be domiciled in their state of permanent residence
How is diversity determined for US citizens domiciled in foreign countries?
they can NEVER sue or be sued based on diversity jurisdiction (theres never complete diversity)
For decedents, minors, and incompetents, what party do we look to when determining diversity?
the real party in interest counts for determining citizenship
Examples:
- decedents domicile controls, not the executor
- minors domicile controls, not the guardians
- incompetents domicile controls, not the guardian
Requirements for amount in controversy for diversity jurisdiction
- Must exceed $75k
-Plaintiffs viewpoint governs: the value of the relief sought by the plaintiff must exceed $75k
A single plaintiff may ____ all its claim against a single defendant to meet the $75k threshold
aggregate
A single plaintiff may not aggregate its claims against multiple defendants unless?
those claims allege joint liability
Multiple plaintiffs generally may not _____ their claims against a defendant
aggregate
The amount ____ by the plaintiff governs, not the amount ultimately _____
alleged; recovered
Exception: no diversity jurisdiction if it appears to a legal certainty that the plaintiff cannot recover an amount exceeding $75k
Federal courts will decline diversity jurisdiction over cases that involve:
- domestic relations matters
- probate matters
