Diversity Jurisdiction
For a natural person, citizenship is equivalent to this ____ and has a two-part test: physical presence and an intent to remain indefinitely.
This rule from Mottley requires that the basis for federal question jurisdiction appear on the face of the plaintiff's own claim for relief.
What is the well-pleaded complaint rule?
This allows a defendant to move a case from state court to the proper federal district court, provided original SMJ exists.
What is Removal?
The modern framework requires that the defendant has these with the forum state, that the claim arises from them, and that jurisdiction is reasonable.
What are minimum contacts?
The constitutional standard for notice from Mullane requires a method that is this, under all the circumstances.
What is "reasonably calculated"?
This foundational rule from requires that no plaintiff be a citizen of the same state as any defendant.
What is complete diversity?
Justice Holmes' test states that "a suit arises under the law that creates" this.
What is the cause of action?
Under § 1367(a), supplemental jurisdiction covers claims that derive from this constitutional test from Gibbs.
What is a "common nucleus of operative fact"?
World-Wide Volkswagen held that a defendant must do this, invoking the benefits and protections of the forum's laws, not just place a product into the stream of commerce.
What is "purposefully avail" itself?
Goodyear and Daimler established that a corporation is only subject to general jurisdiction where it is this.
What is "essentially at home"?
Under 28 U.S.C. § 1332(c)(1) and the Hertz case, a corporation is a citizen of its state of incorporation and the state of this, its "nerve center."
What is its principal place of business (PPB)?
In Mottley, the court noted the federal issue only appeared in paragraphs that did this, rather than stating the Mottleys' own claim
What is anticipate and respond to the defendant's case?
This rule in § 1441(b)(2) prevents removal in a diversity case if any defendant is a citizen of the forum state.
What is the local defendant rule?
Burger King established this flexible standard for contract disputes, looking at prior negotiations, future consequences, and the parties' course of dealing.
What is the "contract-plus" analysis?
For a corporation, the "at home" locations are its state of incorporation and this.
What is its principal place of business?
According to St. Paul Mercury, a plaintiff's good faith claim for damages controls unless it appears to this standard that they cannot recover the jurisdictional amount.
What is a "legal certainty"?
The Grable exception allows FQJ over a state-law claim if it necessarily depends on resolving a substantial and disputed question of this.
What is federal law?
The critical carve-out in § 1367(b) prevents claims by plaintiffs against parties joined under rules like 14, 19, 20, or 24 if it would do this.
What is destroy complete diversity?
The Asahi case is a rare example where these five factors defeated jurisdiction even though the defendant may have had minimum contacts.
What are the reasonableness factors (or fair play and substantial justice)?
In Burnham, Justice Scalia upheld this type of jurisdiction based on its historical pedigree, while Justice Brennan upheld it by applying the International Shoe fairness analysis.
What is transient or "tag" jurisdiction?
According to the professor's notes on Mas v. Perry, the court may have been influenced by the desire to avoid this practical consequence of finding a lack of jurisdiction.
What is rendering the entire trial a "nullity"?
Gunn v. Minton clarified that for the Grable exception, this prong is about the issue's importance to the federal system, not to the parties.
What is substantiality?
This Supreme Court case held that 28 U.S.C. § 1367 overruled the prior rule from Zahn, allowing supplemental jurisdiction over plaintiffs' claims that don't meet the amount in controversy if at least one plaintiff does.
What is Exxon Mobil v. Allapattah?
Ford Motor Co. articulated a looser standard for the second prong of the test, requiring only that the claim "relate to" the defendant's contacts with the forum.
What is the "arise out of or relate to" requirement?
Shaffer v. Heitner held that all assertions of state-court jurisdiction, including in rem and quasi in rem, must be evaluated according to the minimum contacts standards of this case.
What is International Shoe?