Civil Procedure

Court of appeals have jurisdiction over states. Federal court of appeals separate.

Court of appeals has jurisdiction over interlocutory orders If it led to criminal prosecution (contempt), controlling question of law, difference of opinion, or a determining factor in the case. Except: (1) Final Judgement (2) Contempt (3) Interlocutory Appeal (4) Extraordinary Writ

SCOTUS says federal courts need not follow state common law.

In a diversity action, the federal court applies the substantive law of the forum state. Fed courts can't create substantive common law governing state actions. 10th amendment.

State choice of law rules for a federal court sitting in diversity. This way, federal and state courts come to the same conclusion

(1) Abstention (2) Certification from State Supreme Court (3) Federal judge takes best guess at what state would do

State law is applicable in civil actions where there are no Constitutional Provisions or Congress

Federal question must arise under claim, not under defense. Cannot anticipate defense in the complaint to make the case federal question.

Citizens of different states or citizen of a state and subject of a foreign state

1332 requires complete diversity (Article III only requires minimal diversity)

Residency defined as (1) Domicile (2) Intent to remain indefinitely (3) State of principal residence

(1) intent (2) physical presence

Look at citizenship at the time the suit was filed. Permanent residents are not citizens. 1332 (a)

(1332(c)(1)): Citizenship of corporation for diversity purposes. Nerve center test.

Add up citizenships of members (unions, law firms, etc)