Federal question jurisdiction - well pleaded complaint rule - ANSWER Question of federal
law must appear on the face of the complaint (not as a defense)
- TEST: is P enforcing a federal right?
Federal diversity jx does not extend to state law claims involving ... - ANSWER 1. Probate
2. Domestic relations
- narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders
Federal question jurisdiction - exclusive vs. Concurrent jurisdiction - ANSWER Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations)
Date of diversity determination - ANSWER Diversity is determined on the date the com-
plaint is filed
Diversity jurisdiction requirements - ANSWER 1. Complete diversity: every plaintiff di-
verse from every defendant as of filing date
2. Amount in controversy > $75,000
Exceptions to complete diversity (3) - ANSWER 1. Federal interpleader
2. Class actions (named P's only and minimum for diversity under CAFA)
1
,3. Interstate mass torts
Alienage jurisdiction - what diversity rules apply where one party is a non-citizen - AN-
SWER 1. At least ONE party must be a citizen of a US state
2. If alien is a lawful permanent resident (LPR), must not reside in same state as any oppos-
ing party
Domicile (and citizenship) of individual citizens - 2-part test - ANSWER Both:
1. PHYSICAL presence; AND
2. Intent to remain
- intent based on all relevant factors
•••note: only one domicile at any one time!
•••same test applies to decedents, minors, and incompetents
Domicile (and citizenship) of corporations - ANSWER Either:
1. Any state where incorporated; OR
2. Principal place of business (i.e., "nerve center," HQ, where managers direct, coordinate,
and control corporative activities)
**note: can be domiciled in more than one place at the same time
Diversity and assignment of claims - ANSWER 1. When assignment is legitimate, assign-
ee's domicile controls
2. When assignment is collusive, i.e., to create diversity jx, court can deny jx based on assign-
or's domicile
Domicile of unincorporated associations - ANSWER Each state where a member is domi-
ciled
2
,•••includes limited partners
Diversity and substituted parties - ANSWER Domicile of the original party controls when a
new party is substituted as a successor in interest
Amount in controversy - how determined and what is included - ANSWER Whatever
amount P claims in good faith, UNLESS clear to a legal certainty that she cannot recover >
$75,000
- Does NOT include legal costs, atty's fees, or interest resulting in delay of payment
- DOES include interest that is part of the claim itself
- DOES include atty's fees recoverable by contract
Amount in controversy - injunctive relief - ANSWER Either value to P or cost of complying
to D is greater than $75,000
Aggregating amount in controversy - ANSWER 1. One P can aggregate claims against one
D (even if factually unrelated)
2. One P can aggregate claims against joint d's
3. Multiple P's cannot aggregate
Supplemental jurisdiction - Basic Test - ANSWER Claim must share a "common nucleus of
operative fact" with the claim that invoked federal SMJ
•••NOTE: if same T/O, will ALWAYS be CNOF
Factors (3) considered by court in deciding whether to exercise its supplemental jurisdiction
over state law claims in FQ cases - ANSWER 1. *Novel issues* of state law
2. *State law claims predominate* over federal law claims
3
, 3. If claims based on federal law have been dismissed, *timing* (i.e., how far along in the
process)
Supplemental jurisdiction - state law claims in federal question cases - ANSWER Court has
DISCRETION to hear state law claims, if:
1. Common nucleus of operative fact
--> i.e., same T/O
2. P would ordinarily be expected to try them all in one judicial proceeding
Pendent party (supplemental) jurisdiction - how does it work in federal question cases - AN-
SWER P sues multiple d's, but only one qualifies for FQJ
--> P can have supp. Jx over claims other D's if CNOF
P1 sues D on a federal Q. P2 has a state law claim against D but fails diversity.
--> P2 can get supp. Jx for claim against D if CNOF
How does "same transaction or occurrence" relate to "common nucleus of operative fact"? -
ANSWER Common nucleus of operative fact will ALWAYS encompass claims arising in
from the same transaction or occurrence
- T/O is NARROWER
Limit on supplemental jurisdiction for P's claims in diversity cases - ANSWER If federal jx
based SOLELY on diversity, plaintiff cannot bring additional claims under supp. Jx
- EXCEPTION: where case involves multiple p's, add'l P claims allowed even if below amount
in controversy, so long as complete diversity not destroyed
Restriction on use of supplemental jx in cases based solely on diversity under § 1367(b) - AN-
SWER May NOT be used for:
I. Claims by plaintiffs against persons made parties under Rules 14 (impleader), 19 (compul-
sory joinder), 20 (permissive joinder), or 24 (intervention);
4
law must appear on the face of the complaint (not as a defense)
- TEST: is P enforcing a federal right?
Federal diversity jx does not extend to state law claims involving ... - ANSWER 1. Probate
2. Domestic relations
- narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders
Federal question jurisdiction - exclusive vs. Concurrent jurisdiction - ANSWER Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations)
Date of diversity determination - ANSWER Diversity is determined on the date the com-
plaint is filed
Diversity jurisdiction requirements - ANSWER 1. Complete diversity: every plaintiff di-
verse from every defendant as of filing date
2. Amount in controversy > $75,000
Exceptions to complete diversity (3) - ANSWER 1. Federal interpleader
2. Class actions (named P's only and minimum for diversity under CAFA)
1
,3. Interstate mass torts
Alienage jurisdiction - what diversity rules apply where one party is a non-citizen - AN-
SWER 1. At least ONE party must be a citizen of a US state
2. If alien is a lawful permanent resident (LPR), must not reside in same state as any oppos-
ing party
Domicile (and citizenship) of individual citizens - 2-part test - ANSWER Both:
1. PHYSICAL presence; AND
2. Intent to remain
- intent based on all relevant factors
•••note: only one domicile at any one time!
•••same test applies to decedents, minors, and incompetents
Domicile (and citizenship) of corporations - ANSWER Either:
1. Any state where incorporated; OR
2. Principal place of business (i.e., "nerve center," HQ, where managers direct, coordinate,
and control corporative activities)
**note: can be domiciled in more than one place at the same time
Diversity and assignment of claims - ANSWER 1. When assignment is legitimate, assign-
ee's domicile controls
2. When assignment is collusive, i.e., to create diversity jx, court can deny jx based on assign-
or's domicile
Domicile of unincorporated associations - ANSWER Each state where a member is domi-
ciled
2
,•••includes limited partners
Diversity and substituted parties - ANSWER Domicile of the original party controls when a
new party is substituted as a successor in interest
Amount in controversy - how determined and what is included - ANSWER Whatever
amount P claims in good faith, UNLESS clear to a legal certainty that she cannot recover >
$75,000
- Does NOT include legal costs, atty's fees, or interest resulting in delay of payment
- DOES include interest that is part of the claim itself
- DOES include atty's fees recoverable by contract
Amount in controversy - injunctive relief - ANSWER Either value to P or cost of complying
to D is greater than $75,000
Aggregating amount in controversy - ANSWER 1. One P can aggregate claims against one
D (even if factually unrelated)
2. One P can aggregate claims against joint d's
3. Multiple P's cannot aggregate
Supplemental jurisdiction - Basic Test - ANSWER Claim must share a "common nucleus of
operative fact" with the claim that invoked federal SMJ
•••NOTE: if same T/O, will ALWAYS be CNOF
Factors (3) considered by court in deciding whether to exercise its supplemental jurisdiction
over state law claims in FQ cases - ANSWER 1. *Novel issues* of state law
2. *State law claims predominate* over federal law claims
3
, 3. If claims based on federal law have been dismissed, *timing* (i.e., how far along in the
process)
Supplemental jurisdiction - state law claims in federal question cases - ANSWER Court has
DISCRETION to hear state law claims, if:
1. Common nucleus of operative fact
--> i.e., same T/O
2. P would ordinarily be expected to try them all in one judicial proceeding
Pendent party (supplemental) jurisdiction - how does it work in federal question cases - AN-
SWER P sues multiple d's, but only one qualifies for FQJ
--> P can have supp. Jx over claims other D's if CNOF
P1 sues D on a federal Q. P2 has a state law claim against D but fails diversity.
--> P2 can get supp. Jx for claim against D if CNOF
How does "same transaction or occurrence" relate to "common nucleus of operative fact"? -
ANSWER Common nucleus of operative fact will ALWAYS encompass claims arising in
from the same transaction or occurrence
- T/O is NARROWER
Limit on supplemental jurisdiction for P's claims in diversity cases - ANSWER If federal jx
based SOLELY on diversity, plaintiff cannot bring additional claims under supp. Jx
- EXCEPTION: where case involves multiple p's, add'l P claims allowed even if below amount
in controversy, so long as complete diversity not destroyed
Restriction on use of supplemental jx in cases based solely on diversity under § 1367(b) - AN-
SWER May NOT be used for:
I. Claims by plaintiffs against persons made parties under Rules 14 (impleader), 19 (compul-
sory joinder), 20 (permissive joinder), or 24 (intervention);
4
