MBE Rules · Civil Procedure
Diversity — amount in controversy
28 U.S.C. §1332(a)
The rule
Must exceed $75,000, exclusive of interest and costs. A single plaintiff may aggregate claims against a single defendant. Multiple plaintiffs may NOT aggregate (with exceptions for common/undivided interest). Plaintiff's good-faith allegation controls unless legally certain to be less.
In plain English
For a federal court to hear a case based on diversity, the amount the plaintiff is suing for must be more than $75,000. A single plaintiff can combine claims against one defendant to reach this amount.
Worked example
The plaintiff sues the defendant for $50,000 for breach of contract and $30,000 for property damage. The total claim is $80,000, so the case can be heard in federal court.
Memory hook
75K Threshold: One vs. One, Claim Combo. Aggregate claims if one plaintiff, but not if many, unless shared interest.
The trap
Students think: multiple plaintiffs can always combine claims. Wrong, because aggregation is only for single plaintiff or common interest. The actual test is separate claims unless a joint interest exists.
How examiners test it
The MBE loves: multiple plaintiffs each with claims under $75K. Trap: assuming they can combine amounts. Focus on whether claims are common/undivided interests to meet the threshold.
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