Diversity Jurisdiction
A test that determines whether the party is a citizen of a state by showing that the party plans to stay indefinitely, their presence is in the state, and the gain a domicile when the lose the old one.
What is the domicile test?
The mandatory disclosers including contact information, evaluation of damages, and documents supporting the claims.
What is required disclosures?
The rule that includes a short and plain statement of the claim showing that the pleader is entitled to relief
What is 8 (a) 2?
The rule that asserts a plaintiff can join any claims she has against the defendant. These claims do not have to be related in any way. They may be transactionally totally unrelated
What is rule 18 (a)?
The requirement in the complaint for supplemental jurisdiction to be analyzed for additional state claims.
What is the claim either falls under federal question or diversity jurisdiction?
This jurisdiction can be used for removal when parties on both sides are diverse. i.e. they can claim diversity by being domiciled in a different state than the opposing party.
What is Diversity jurisdiction?
Documents and information gathered by a party that can be disclosed or not depending on the relevancy to the claim and if it fall under the work product doctrine. EX: Depositions, interrogatories, interviews, physical or mental examinations.
what is discretionary disclosures?
The case the that asserted a plain statement does not show relief if the “plaintiffs have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed.”
What is Twombly?
The rule that allows multiple parties to sue together if the claims arise from the same transaction or Occurrence.
What is rule 20 (a)?
What is the same nucleus of operative facts?
this term is analyzed by a judge and must show within legal certainty whether a jury could find the claim conceivably over 75k
What is amount in controversy?
The term that allows private communication between privileged parties (electronic or in-person) for the purpose to of legal advice to no be disclosed. (doesn't include relevant facts)
What is privilege?
The rule that has the motions to dismiss by
Subject matter jurisdiction
Personal jurisdiction
Improper venue
Insufficient process
Insufficient service
Failure to state a claim
Failure to join a party
With is 12 (b)?
The rule that allows a defendant to bring third parties that may share liability or an insurer obligated to cover damages.
The test for the Same Nucleus of Operative facts.
What is arising under common question of law or fact to the pleaders and same transaction or occurrence?
The test that uses the state high level officers in a corporation direct, coordinate, and control the business operations of the company to prove citizenship.
What is the nerve center test?
The doctrine that allows tangible or intangible information to not be disclosed when the document or information was made for the predominant purpose in anticipation of litigation. This can be overcome by proving that the documents are essential to the case and cannot be acquired by other means.
What is the work product doctrine?
The motions to dismiss that must be assert in response initially for forgo the right to use it?
What is 12 (b) 2-5?
the two ways a case can be removed to federal court.
The claim exceeding 75K and the parties being domiciled in different states are to requirements for what?
What is Diversity Jurisdiction?
This case was the basis for 26(b) although it is a more narrow perspective of the rule.
What is Hickman v Taylor?
A motion when the defendant fails to respond to the complaint.
What must be satisfied for removal to federal court?
what is the complaint could've originally filed in federal court?