We had midterms last week, and I did fine. But the civpro exam was a mess. The questions were confusing, with some having multiple right answers, and others had none at all.
My main issue is this: I reviewed my exam with my professor today, and I got a question wrong about the amount in controversy.
The question asked if the amount in controversy was $75,000 and if there was diversity between parties, were the diversity jurisdiction requirements met? From everything I’ve read in the statute, treatises, and case law, the amount in controversy must be greater than $75,000. So $75,000 wouldn’t meet the requirement. Obviously, my professor disagrees. Can anyone weigh in? I can’t stop thinking about this.
In our class, it’s been drilled into us to say $75,000.01 instead of just $75k. All the resources I’ve seen say if it’s not over $75k, there’s no diversity jurisdiction. I would have to agree there isn’t diversity jurisdiction here.
Cliff said: @Lilly
Thank you! I feel like I’m going crazy here, like my classmates are making up their own rules.
You might want to talk to the dean about this. My professor tests on the same thing and always says, ‘I don’t care if it’s $75,000.01 as long as it exceeds $75,000.’
Cliff said: @Lilly
Thank you! I feel like I’m going crazy here, like my classmates are making up their own rules.
I expected this to be about someone getting it wrong and being overconfident. But I agree with you and others. I’m a plaintiff’s tort attorney, and while I don’t usually deal with five-figure cases, I’ve learned it must be $75,000.01 or more. I sometimes chat with one of my professors who is brilliant, but they get civ pro because it’s seen as an easy class to teach. Maybe that’s what’s happening here?
Edit: Just to clarify, I don’t file five-figure cases in federal court. That sounded a bit high and mighty; I take $50k cases all the time.
@Sky
After talking with my professor, I started to worry I was the overconfident one. He was a judge at the state level, so maybe his state allowed $75k.
Cliff said: @Lilly
Thank you! I feel like I’m going crazy here, like my classmates are making up their own rules.
I agree with you all that it must exceed $75k.
Someone asked this in CivPro earlier this week, and our professor mentioned a case where damages were exactly $75k, and it didn’t meet diversity requirements for that reason. He didn’t mention the name, but it could help you if you find it.
@Winter
Thank you! I really needed this reassurance. That’s what I have in my notes too, but it’s obviously from Richard Freer and not my professor, lol.
CourtlyCaroline said:
Professors, like judges, can have off-the-wall rulings. Sometimes, you just have to adapt to what they want. It’s just part of the experience.
You’re right; I feel so confused. I hope the support I’m getting from this post helps me move on, lol.
The rule clearly states the amount in controversy must be over $75,000:
§1332. Diversity of citizenship; amount in controversy; costs
(a) The district courts have original jurisdiction of all civil actions where the matter in controversy exceeds $75,000, not including interest and costs, and is between-
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state as plaintiff and citizens of a State or different States.