CT Bar Civil Procedure: Jurisdiction 3

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?

Accepted Answer

Both its state of incorporation and the state where its principal place of business is located

Answer

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:

Accepted Answer

The citizenship of each and every member of the association

Answer

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?

Accepted Answer

When the plaintiff's claim is created by federal law or requires resolution of a substantial federal issue

Answer

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?

Accepted Answer

A claim seeking review of a federal administrative agency's final order under federal administrative law

Answer

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?

Accepted Answer

Supplemental jurisdiction under 28 U.S.C. § 1367

Answer

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.

(CT Bar) Connecticut Bar Exam Practice Test

(CT Bar) Connecticut Bar Exam Practice Test

CT Bar Civil Procedure: Jurisdiction 3