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Flashcards in Diversity of Citizenship Jurisdiction Deck (10)
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1
Q

complete diversity

A

no plaintiff is a citizen of the same state as any defendant

2
Q

Diversity of citizenship must exist at the time of the

A

institution of the suit.

3
Q

Where is an unincorporated association deemed to be a citizen?

A

each state in which any member is a citizen

4
Q

For class actions, diversity is determined on the basis of the citizenship of

A

the named members of the class who are suing.

5
Q

supplemental jurisdiction

A

a court may entertain claims that could not, by themselves, invoke federal question jurisdiction or diversity jurisdiction if the claims arise from a common nucleus of operative fact as the claim that invoked original federal subject matter jurisdiction

6
Q

A cross-claim may be asserted if

A

the claim arises from the same transaction or occurrence as the underlying dispute. If claim does not have an independent subject matter basis, may be asserted through supplemental jurisdiction.

7
Q

permissive counterclaim

A

one arising out of a completely unrelated transaction

8
Q

A permissive counterclaim must

A

have an independent jurisdictional basis.

9
Q

A compulsory counterclaim need not

A

meet the jurisdictional amount requirement, as the court may hear it under its supplemental jurisdiction.

10
Q

Removal is permitted only by

A

defendants.