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80
Mas v. Perry
Mr. Mas = citizen of France; Married Mrs. Mas, who is from MS; both are grad students in LA – want to sue LA landlord; complaint met amount in controversy, but jury verdict did not – fed jdx proper?
Diverse citizenship must be diverse when the complaint is filed
Must be both a citizen of the US and domiciliary of state to be citizen of state (not just a resident of the state)
• “Domicile” = true, fixed, and permanent home…only changes if take up residence in different domicile w/ intention to remain there
o Until you acquire a new domicile, you remain a domiciliary and citizen of state
o Amount in controversy: determined by amount claimed by the P in good faith; Federal jdx not lost b/c judgment of less than that amount is awarded
Diverse citizenship must be diverse when the complaint is filed
Must be both a citizen of the US and domiciliary of state to be citizen of state (not just a resident of the state)
• “Domicile” = true, fixed, and permanent home…only changes if take up residence in different domicile w/ intention to remain there
o Until you acquire a new domicile, you remain a domiciliary and citizen of state
o Amount in controversy: determined by amount claimed by the P in good faith; Federal jdx not lost b/c judgment of less than that amount is awarded
Tags: Diversity Jdx
Source:
Source:
Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010