CIVIL PROCEDURE AMP. QUESTIONS AND ANSWERS
PROVIDED. 2024/2025 UPDATE FOR EXAM PREP
1. In a typical class action lawsuit, diversity jurisdiction is determined
based on the citizenship of: The named members of the class only.
2. The "common nucleus" test is used to determine whether a claim can
be brought under jurisdiction.: Supplemental
3. If one plaintiff properly invokes diversity jurisdiction in federal court,
another plaintiff may invoke supplemental jurisdiction to have his claim
heard in federal court if as the claim properly invoking diversity
jurisdiction, and.: The claim arises from the same nucleus of
operative fact; complete diversity is not destroyed
4. Under the concept of, when the intervenor's
action and the main action have a claim or defense involving a common
question of law or fact, intervention may be permitted in the court's
discretion.: Permissive intervention 5. The amount in controversy
requirement for a claim based on diversity jurisdiction must exceed
$75,000, exclusive of interest and costs.
Which of the following will be included in the amount in controversy calculation?
Attorneys' fees that are recoverable by contract and interest that is part of the claim
6. For diversity of citizenship jurisdiction, what does the term "complete
diversity" mean? No plaintiff may be a citizen of the same state as any
defendant.
7. A party's state citizenship for purposes of diversity jurisdiction is
determined: When the lawsuit is filed.
8. To satisfy the "amount in controversy" requirement for purposes of
diversity jurisdiction, a plaintiff must: Make a good faith claim that the
amount exceeds $75,000, exclusive of interest and costs of the lawsuit.
9. To satisfy the amount in controversy requirement for diversity
jurisdiction, a plaintiff may: Aggregate unrelated claims against a single
defendant
10. The amount in controversy requirement for a claim based on diversity
jurisdiction must exceed $75,000, exclusive of interest and costs.
, CIVIL PROCEDURE AMP. QUESTIONS AND ANSWERS
PROVIDED. 2024/2025 UPDATE FOR EXAM PREP
Attorneys' fees that are recoverable by contract included in the
amount in controversy calculation; interest that is part of the claim
included in the amount in controversy calculation.: Attorneys' fees
recoverable by contract are included in the amount in controversy
calculation, and interest that is part of the claim is included in the amount
in controversy calculation as well.
Although the statute states that costs and interest are excluded from the
amount in controversy calculation, the provision has been interpreted to mean
costs associated with bringing the claim (e.g., attorneys' fees that are not
covered by contract, filing fees, etc.) and interest that results from a delay in
payment.
1 1. For purposes of diversity jurisdiction, a corporation is a citizen of
and .: Every state in which it is incorporated; the one
state in which it has its principal place of business.
12. Which of the following lawsuits can be brought under the diversity
jurisdiction statute, assuming the amount in controversy requirement has
been satisfied? A suit between a citizen of a state and a citizen of a foreign
country.
13. Federal courts will not exercise diversity jurisdiction over: Domestic
relations, probate, or criminal proceedings
14. Intervention: Under Federal Rule 24(b), intervention may be permitted in
the court's discretion when the intervenor's action and the main action have a
claim or defense involving a common question of law or fact.
Intervention is permitted as a matter of right only when the intervenor claims an
interest relating to the property or transaction that is the subject of the action and
the disposition of the action may adversely affect that interest; this is a stricter
standard than the one stated in this question.
Permissive intervention (within the court's discretion) must invoke either diversity
of citizenship or federal question jurisdiction; thus, the answer that the claim is
permitted even without independent subject matter jurisdiction is incorrect.
PROVIDED. 2024/2025 UPDATE FOR EXAM PREP
1. In a typical class action lawsuit, diversity jurisdiction is determined
based on the citizenship of: The named members of the class only.
2. The "common nucleus" test is used to determine whether a claim can
be brought under jurisdiction.: Supplemental
3. If one plaintiff properly invokes diversity jurisdiction in federal court,
another plaintiff may invoke supplemental jurisdiction to have his claim
heard in federal court if as the claim properly invoking diversity
jurisdiction, and.: The claim arises from the same nucleus of
operative fact; complete diversity is not destroyed
4. Under the concept of, when the intervenor's
action and the main action have a claim or defense involving a common
question of law or fact, intervention may be permitted in the court's
discretion.: Permissive intervention 5. The amount in controversy
requirement for a claim based on diversity jurisdiction must exceed
$75,000, exclusive of interest and costs.
Which of the following will be included in the amount in controversy calculation?
Attorneys' fees that are recoverable by contract and interest that is part of the claim
6. For diversity of citizenship jurisdiction, what does the term "complete
diversity" mean? No plaintiff may be a citizen of the same state as any
defendant.
7. A party's state citizenship for purposes of diversity jurisdiction is
determined: When the lawsuit is filed.
8. To satisfy the "amount in controversy" requirement for purposes of
diversity jurisdiction, a plaintiff must: Make a good faith claim that the
amount exceeds $75,000, exclusive of interest and costs of the lawsuit.
9. To satisfy the amount in controversy requirement for diversity
jurisdiction, a plaintiff may: Aggregate unrelated claims against a single
defendant
10. The amount in controversy requirement for a claim based on diversity
jurisdiction must exceed $75,000, exclusive of interest and costs.
, CIVIL PROCEDURE AMP. QUESTIONS AND ANSWERS
PROVIDED. 2024/2025 UPDATE FOR EXAM PREP
Attorneys' fees that are recoverable by contract included in the
amount in controversy calculation; interest that is part of the claim
included in the amount in controversy calculation.: Attorneys' fees
recoverable by contract are included in the amount in controversy
calculation, and interest that is part of the claim is included in the amount
in controversy calculation as well.
Although the statute states that costs and interest are excluded from the
amount in controversy calculation, the provision has been interpreted to mean
costs associated with bringing the claim (e.g., attorneys' fees that are not
covered by contract, filing fees, etc.) and interest that results from a delay in
payment.
1 1. For purposes of diversity jurisdiction, a corporation is a citizen of
and .: Every state in which it is incorporated; the one
state in which it has its principal place of business.
12. Which of the following lawsuits can be brought under the diversity
jurisdiction statute, assuming the amount in controversy requirement has
been satisfied? A suit between a citizen of a state and a citizen of a foreign
country.
13. Federal courts will not exercise diversity jurisdiction over: Domestic
relations, probate, or criminal proceedings
14. Intervention: Under Federal Rule 24(b), intervention may be permitted in
the court's discretion when the intervenor's action and the main action have a
claim or defense involving a common question of law or fact.
Intervention is permitted as a matter of right only when the intervenor claims an
interest relating to the property or transaction that is the subject of the action and
the disposition of the action may adversely affect that interest; this is a stricter
standard than the one stated in this question.
Permissive intervention (within the court's discretion) must invoke either diversity
of citizenship or federal question jurisdiction; thus, the answer that the claim is
permitted even without independent subject matter jurisdiction is incorrect.
