CT Bar Civil Procedure: Jurisdiction 3 — Questions and Answers
Question 1: Under 28 U.S.C. § 1332, complete diversity requires that no plaintiff share citizenship with any defendant. What is the citizenship of a corporation for diversity purposes?
- Both its state of incorporation and the state where its principal place of business is located (Correct answer)
- Only its state of incorporation
- Only the state where its principal place of business is located
- The state where it has the most employees
Correct answer: Both its state of incorporation and the state where its principal place of business is located
Under 28 U.S.C. § 1332(c)(1), a corporation is a citizen of both the state of its incorporation and the state where its principal place of business is located.
Question 2: A Connecticut plaintiff sues an unincorporated association (a partnership) in federal court. For diversity purposes, the citizenship of an unincorporated association is determined by:
- The citizenship of each and every member of the association (Correct answer)
- The state where the association has its principal office
- The state where the association was formed
- The citizenship of only the general partners
Correct answer: The citizenship of each and every member of the association
Unlike corporations, unincorporated associations take the citizenship of each of their members for diversity jurisdiction purposes, which can destroy diversity if any member shares citizenship with the opposing party.
Question 3: In federal question jurisdiction under 28 U.S.C. § 1331, when does a federal question appear on the face of the well-pleaded complaint?
- When the plaintiff's claim is created by federal law or requires resolution of a substantial federal issue (Correct answer)
- Whenever the defendant raises a federal defense
- When any party cites a federal statute in the pleadings
- When the plaintiff anticipates a federal defense and refutes it in the complaint
Correct answer: When the plaintiff's claim is created by federal law or requires resolution of a substantial federal issue
The well-pleaded complaint rule requires that federal jurisdiction appear in the plaintiff's own statement of the claim, not from anticipated defenses; the claim must arise under federal law.
Question 4: Connecticut Superior Court exercises general subject matter jurisdiction over civil matters. Which of the following would most likely be outside the Connecticut Superior Court's subject matter jurisdiction?
- A claim seeking review of a federal administrative agency's final order under federal administrative law (Correct answer)
- A contract dispute between two Connecticut residents for $100,000
- A tort claim by a Connecticut resident against a Massachusetts driver for an accident in Connecticut
- A landlord-tenant eviction proceeding involving Connecticut property
Correct answer: A claim seeking review of a federal administrative agency's final order under federal administrative law
Review of federal administrative agency orders under federal statutes is generally within the exclusive jurisdiction of federal courts, placing it outside Connecticut Superior Court's subject matter jurisdiction.
Question 5: Which doctrine allows a federal court to hear state law claims that lack an independent basis for federal jurisdiction because they share a 'common nucleus of operative fact' with a claim that does invoke federal jurisdiction?
- Supplemental jurisdiction under 28 U.S.C. § 1367 (Correct answer)
- Diversity jurisdiction under 28 U.S.C. § 1332
- Removal jurisdiction under 28 U.S.C. § 1441
- Pendant party jurisdiction under 28 U.S.C. § 1441(c)
Correct answer: Supplemental jurisdiction under 28 U.S.C. § 1367
Supplemental jurisdiction under § 1367 codifies the common nucleus of operative fact test from United Mine Workers v. Gibbs, allowing federal courts to hear related state claims alongside federal claims.
Question 6: A defendant removed a case from Connecticut Superior Court to the District of Connecticut. The plaintiff then discovers that the amount in controversy does not actually exceed $75,000. The plaintiff moves to remand. What is the correct outcome?
- The court should remand if it is apparent to a legal certainty that the amount in controversy cannot exceed $75,000 (Correct answer)
- The court must retain jurisdiction because removal is irreversible once granted
- The court should automatically remand for any amount in controversy deficiency
- The court remands only if the defendant stipulates that damages will not exceed $75,000
Correct answer: The court should remand if it is apparent to a legal certainty that the amount in controversy cannot exceed $75,000
Remand for failure to meet the amount in controversy is appropriate only if it appears to a legal certainty that the claim is for less than the jurisdictional amount, following the St. Paul Mercury standard.
Question 7: Under Federal Rule of Civil Procedure 12(b)(2), a defendant must raise a personal jurisdiction defense in what manner or risk waiving it?
- In the first responsive pleading or in a pre-answer motion under Rule 12 (Correct answer)
- At any time before trial begins
- Only in a motion to dismiss filed before answering
- Before the close of discovery
Correct answer: In the first responsive pleading or in a pre-answer motion under Rule 12
Rule 12(h)(1) provides that personal jurisdiction defenses under Rule 12(b)(2) are waived if omitted from the defendant's first Rule 12 motion or from the answer if no Rule 12 motion is made.
CT Bar Civil Procedure: Jurisdiction 3
Under 28 U.S.C. § 1332, complete diversity requires that no plaintiff share citizenship with any defendant.
What is the citizenship of a corporation for diversity purposes?