Supplemental Outline Parker CivPro1 Rules Outline
I. Subject Matter Jurisdiction: Does the federal court have the authority to hear the claim?
a. Diversity Jurisdiction: State-related claim between parties of different states
i. Claim must be greater than the Amount in Controversy Requirement
1. 1332: >$75,000
a. Generally accepted if it appears in good faith and there is no legal certainty that the claim is less than the AICR.
b. Cannot include witness costs, court costs, lawyer fees, etc.
c. A judgment rendered for less than AICR does not fail to meet the AICR
2. §1332(b): Where the plaintiff is awarded less that $75,000, without regard to setoffs or counterclaims, plaintiff may be denied costs and may impose costs on the plaintiff.
3. Aggregating Claims to meet AICR
a. 1 Plaintiff may aggregate multiple, unrelated claims against 1 Defendant.
b. 1 Plaintiff may aggregate claims against multiple defendants, IF AND ONLY IF, defendants are jointly liable
c. Multiple plaintiffs may not aggregate claims against 1 Defendant UNLESS
i. One plaintiff meets the requirement alone, and the second is tagging along (Supplemental), OR ii. The two individuals have a “common, undivided interest,” e.g., business partnership
d. Counterclaims may not be aggregated to meet the AICR ii. Claim must be between citizens of different states
1. §1332: Tenable Claims:
a. Citizens of Different States
b. Citizens of a State and citizens or subjects of a foreign state
c. Citizens of different states in which citizens or subjects of a foreign state are additional parties
d. A foreign state, as plaintiff, and citizens of a state or of different states
2. Citizenship of parties determined at time of filing
3. For Individuals:
a. Domicile
i. Residency, AND ii. Intent to Remain Indefinitely
b. Alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such an alien is domiciled
c. US Citizen in foreign country- If you’ve moved to a new country, keep your US Citizenship until forfeited, but no
a. Diversity Jurisdiction: State-related claim between parties of different states
i. Claim must be greater than the Amount in Controversy Requirement
1. 1332: >$75,000
a. Generally accepted if it appears in good faith and there is no legal certainty that the claim is less than the AICR.
b. Cannot include witness costs, court costs, lawyer fees, etc.
c. A judgment rendered for less than AICR does not fail to meet the AICR
2. §1332(b): Where the plaintiff is awarded less that $75,000, without regard to setoffs or counterclaims, plaintiff may be denied costs and may impose costs on the plaintiff.
3. Aggregating Claims to meet AICR
a. 1 Plaintiff may aggregate multiple, unrelated claims against 1 Defendant.
b. 1 Plaintiff may aggregate claims against multiple defendants, IF AND ONLY IF, defendants are jointly liable
c. Multiple plaintiffs may not aggregate claims against 1 Defendant UNLESS
i. One plaintiff meets the requirement alone, and the second is tagging along (Supplemental), OR ii. The two individuals have a “common, undivided interest,” e.g., business partnership
d. Counterclaims may not be aggregated to meet the AICR ii. Claim must be between citizens of different states
1. §1332: Tenable Claims:
a. Citizens of Different States
b. Citizens of a State and citizens or subjects of a foreign state
c. Citizens of different states in which citizens or subjects of a foreign state are additional parties
d. A foreign state, as plaintiff, and citizens of a state or of different states
2. Citizenship of parties determined at time of filing
3. For Individuals:
a. Domicile
i. Residency, AND ii. Intent to Remain Indefinitely
b. Alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such an alien is domiciled
c. US Citizen in foreign country- If you’ve moved to a new country, keep your US Citizenship until forfeited, but no