Fall SMJ

Row 1

100

Motion to Dismiss for Lack of SMJ?

12(b)(1)

200

True / False: Single Plaintiff can Aggregate UNRELATED claims against a Single Defendant to meet the AIC 

True

300

What date determines Citizenship / Domicile

Date of Filing

400

What is the key difference between Gordon v. Steele and Mas v. Perry as it pertains to the student's domicile? 

Gordon: Had subjective intent to remain in School State (Idaho)

Mas: Had No Intent to remain in School State (Louisiana)

500

What are the two 12(b) motions that are not waived until the end of trial?

12(b)(6) Failure to state a claim upon which relief can be granted

12(b)(7) Failure to join a party under Rule 19

Row 2

100

The Constitution Requires _____________ Diversity.

Minimal

200

True or False: "Intent to remain" means you will never leave the current domiciled state? 

False (has no present intention of going elsewhere)

300

Where is the domicile of a Partnership Entity

All of the States in which the Partners are citizens / domiciled

400

What case read Article III’s “arising under” language so broadly that a federal ingredient anywhere in the case was enough.

Osborn v. Bank of the United States

500

Under §1332, claims of multiple plaintiffs may be aggregated only when they share a...

Common undivided interest