How to Analyze Diversity Jurisdiction on a Civil Procedure Essay (🚨 See below for update)
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- เผยแพร่เมื่อ 4 ก.ย. 2024
- 🚨 UPDATED VERSION OF THIS VIDEO: • Civil Procedure: Diver...
We're in the process of updating our Civil Procedure video lecture series. The updated version of this video is now available here: • Civil Procedure: Diver...
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🎬 VIDEO INFO
How to Analyze Diversity Jurisdiction on a Civil Procedure Essay
SUBJECT MATTER JURISDICTION
A federal court must have subject matter jurisdiction to hear and decide a case before it.
DIVERSITY JURISDICTION
A federal court has subject matter jurisdiction under diversity jurisdiction if: (1) complete diversity is present; and (2) the amount in controversy exceeds $75,000.
COMPLETE DIVERSITY AND CITIZENSHIP
Complete diversity is present if every citizenship represented on the plaintiff's side of the case is different than every citizenship represented on the defendant's side of the case.
The rules for determining citizenship for diversity purposes vary depending on the types of parties involved.
For individuals, citizenship is determined by the individual’s state or country of domicile (i.e., the place of residence where the individual intends to remain indefinitely). An individual can only have one domicile at a time.
Corporations hold dual citizenship for diversity purposes: (1) the state or country of incorporation; and (2) the state or country of its principal place of business (i.e., the “nerve center” - usually where corporate headquarters are located).
Unincorporated associations and partnerships (e.g., unions, trade associations, partnerships, and limited partnerships) are considered a citizen of every state of which its members are citizens.
For class actions, the citizenship of each named party in the class who are suing count for diversity purposes. Class members that are not named may join without regard to citizenship.
AMOUNT IN CONTROVERSY REQUIREMENT
The amount in controversy is the monetary value at stake in the lawsuit. A claim for injunctive relief may be valued by the benefit to the plaintiff or the cost of compliance for the defendant.
If there are multiple claims, one plaintiff can aggregate all of her claims against one defendant to meet the amount in controversy requirement. One plaintiff can also aggregate all of her claims against multiple defendants if the defendants are jointly liable. If there are multiple plaintiffs; generally, each plaintiff’s claim must meet the amount in controversy requirement separately (unless supplemental jurisdiction applies).
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![How to Analyze Personal Jurisdiction on a Civil Procedure Essay [SCOTUS UPDATE: See Description]](/img/n.gif)
My professor is a state Supreme Court justice and wrote the book we are using, and he still didn’t explain this as clearly as you just did. Outstanding.
🚨 Heads-up! At 11:14, I meant to use "Acme Corporation" instead of "Acme LLC" when illustrating citizenship of corporations.
While corporations hold dual citizenship for diversity purposes (state/country of its incorporation + the state/country of its principal place of business), citizenship of an LLC is determined by the citizenship of each of its individual members.
🚨 UPDATED VERSION OF THIS VIDEO: th-cam.com/video/4HJHaYhMSVA/w-d-xo.html
We're in the process of updating our Civil Procedure video lecture series. The updated version of this video is now available here: th-cam.com/video/4HJHaYhMSVA/w-d-xo.html
Thanks for this very important correction and update since the situation does not apply to an LLC as explained.
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Facts
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Sure-happy to help!
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Same here!
I might just pass my test because of you, way clearer than my teacher😍
Awesome-best of luck!
This was so helpful, thank you!
Sure-happy to help!
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Great video! If the AIC is less than 75k I’m assuming there is no diversity jurisdiction even though there may be complete diversity location wise, right?
U save my life time and time again
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Of course, will do! 💪
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You will take the Multistate Bar Exam (MBE) as a portion of the Texas Bar Exam, so we can help you there with outlines, practice questions, and answer explanations! (Learn more at: www.studicata.com/ ). However, our "full programs" including study schedules are currently only for jurisdictions that administer the Uniform Bar Exam (UBE).
Notably, the Texas Supreme Court has adopted a task force’s recommendation to replace the Texas Bar Examination with the UBE, which means that Texas will likely begin administering the UBE in February 2021.
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From my understanding, for Diversity purposes, a Corporations’s Principal place of Business is often, but not Always the Headquarters. So if they give you both on an exam question Ex. Acme is Headquartered in NY and their principal place of business is California, they were incorporated in Delaware. The fact that the Headquarters is in NY is now irrelevant. Correct?
Correct-if the principal place of business is stipulated in the facts, then the location of the corporation's headquarters would be irrelevant in determining citizenship of the corporation for diversity purposes.
life saver
Happy to help!
Thank you so much for explaining in depth!
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Sure-happy to help!
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What about unitary states? Central local?
How can we recognise if the defendants are "jointly liable" on an exam?
49!
This is so much damned fun!
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He does not mention minimal diversity.
Here’s one scenario I’ve been trying. To figure out
P is a TX citizen D is a Ny citizen and d is a Belgium citizen
Amount in controversy is a property situated in TX values over $200 k
Does diversity exist?
Did u ever find the answer?
What would the domicile be for an out-of-state college student? For example, I'm from Texas and want to move back there after graduation but I went to undergrad and now law school out of state. I changed my residency to get in-state tuition but I'm only living in the state for school.
Intention is key. Where you want to permanently reside iafter graduation is your place of domicile; and technically even when you are on school out-of-state, you are still from your place of domicile temporarily now living in school's location.
goat.
Where can i obtain old bar exams to practice?
The National Conference of Bar Examiners (NCBE) has publicly released Multistate Essay Exam (MEE) questions and analyses from bar exams administered between February 2009 and July 2013. You can download those practice exams for free at: www.ncbex.org/exams/mee/preparing/
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