Civil Procedure Final Exam Questions With Complete Solutions

Subject-Matter Jurisdiction correct answer: Decides "Federal Forum" v. "State Forum" - Diversity Citizenship - Federal Question (you have the option of federal) Diversity Jurisdiction Requirements correct answer: 1. Amount in Controversy: P's Claim more then $75,000. Claim must be made in "good faith" 2. Complete Diversity: "Across the V", no plaintiff can reside int he same state as any defendant. When does Diversity Jurisdiction apply? correct answer: When a plaintiff sues a defendant in federal court, and there is no federal claims/cause of action. If there is no federal law in the case, the only way they can be in the federal law is through DIVERSITY. (Amount in Controversy/Complete Diversity) Federal Question Jurisdiction correct answer: If there is any FQJ it can be heard in federal court, but it still doesn't have to be. Even if there is diversity it can still be heard in state court, FQJ just gives you the option to go to federal. Well-Pleaded Complaint Rule correct answer: In determining whether there is federal question, we look at the plaintiffs complaint, nothing else. Even if plaintiff has federal defense or counter claim, what determines FQJ is determined by the plaintiffs cause of action. - Cause of action CANNOT be a state law action w/ anticipation of a defense of a federal action/law. -DOESNT matter if there is a "federal ingredient", if cause of action is based on STATE LAW, there is NO FQJ. Holmes "Creation" Test (determining FQJ) correct answer: Similar to/Goes hand and hand with WPCR. When looking at plaintiffs complain, what law provides plaintiff with a remedy? State law or Federal law? If YES, FQJ exists