Diversity jurisdiction

Diversity problems and handouts


Diversity screencasts

Diversity basics: “Citizen of a State”

Video on court interpretations of the phrase “Citizen of a State,” which is relevant to diversity jurisdiction. Topics include:

  • Relevant language from Article III & 1332
  • Scenarios analyzing U.S. Citizen + domiciled in a State
  • The two elements required for a change of domicile
  • The varying approaches taken by courts to the requisite intent for a change of domicile
  • Modeling of how to outline or flowchart the law


Diversity basics: 1332(a)(1) and (a)(2)

This video describes the basics of 28 U.S.C. 1332(a)(1) and (2). Topics include:

  • Minimal versus complete diversity
  • Citizens of different states
  • Alienage jurisdiction


Diversity advanced: 1332(a)(2) and (a)(3)

This video discusses jurisdiction where the suit includes aliens. Topics include:

  • Basics of alienage under 1332(a)(2)
  • The caveat language of 1332(a)(2), which divests jurisdiction when the suit is between a Citizen of a State and an LPR foreign citizen domiciled in the same state
  • The purposes behind 1332(a)(3), which permits an alien to sue another alien, so long as the suit already involves a controversy between citizens of different states


Diversity advanced: amount in controversy

This video explores the “amount in controversy” (AIC) requirement of 28 U.S.C. 1332(a). Topics include:

  • Basics of the AIC
  • The “St. Paul Mercury” test
  • Examples of where the AIC can and cannot be met
  • Measuring the AIC for cases seeking an injunction


Diversity advanced: aggregation

Video discussing aggregation for 28 USC 1332(a). Topics covered include:

  • Basic rule when aggregation permitted
  • Examples where aggregation cannot occur
  • Example of joint & undivided interest
  • Difference between aggregating separate claims and having different theories for same claim
  • Difference between aggregation and supplemental jurisdiction

 

Last updated Oct. 12, 2014