CP Outline - Statute SMJ PJ connection w state PJ notice...

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Statute Constitution SMJ PJ connection w/ state DP min con PJ notice DP reas calculated Venue: transfer, FNC SMJ: Competecy of Ct never waived Complete Diversity of Citizenship Time-of-filing rule – exception if jur cured by judicial action. Domicile - phys presence intent to stay. Non-citizens . No div b/w foreigners – must fall w/i§1332 categories. Perm res alien – cit of state dom’d:§1332(a) last sentence to limit div for alien dom’d in same state. Keep old dom till you get a new one – don’t lose US cit just bc you’re married to an alien. Corporations Exceptions : divorce, probate . Mass Actions (>100) and Minimal Diversity (over $5mil, 75 dead) Amount in Controversy : sumπclaims in good faith controls; to dismiss must appear to a legal certainty πcan’t recover (PD>17xCD) [bop on person claiming jur; ∆ bop if ∆ challenges] Aggregate : any claims of 1πvs 1 ∆, multipleπs/∆s w single interest/right, jointly liable ∆s, at least 1 NOT multipleπs/∆s w sep claims (even if arose from 1 instrument/parties have comm of interest). it is unclear whether the traditional aggregation case law survives the supplemental jurisdiction statute. Federal Question : “ arising under .” Rule of well-pleaded complaint Tendency to requireπto try whole case at once – : supp claim part of same controversy (same nucleus of op. facts) as OJ claim/at least 1πw $; NOT if (1) complex/novel issue of state law (2) supp claim predominates OJ claim (3) dc dismissed all OJ claims (4) exceptional circumstances. Supp Jur forπs, Ancilliary Jur for ∆s. |s.o.l. tolled while pending.| Removal [to fed Ct] from State Cts : by orig any suit dc has OJ in district pending . All ∆s [served] must join; div – no ∆ can be a cit of forum state; 1331 – nonremovable sep claims w/o OJ can tag along; Ct can decide even if no state Ct jur. |Div-remove w/i 1 yr of suit start.| Ok for no remand after improper removal if fed jur ok during judgment entry – judicial efficiency.
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Personal Jurisdiction – over the parties to the action – waived if not brought up by end of lit Long-arm Stat’s: State Limit – inner limit of state control over nr’s (limits more);
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CP Outline - Statute SMJ PJ connection w state PJ notice...

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