What is the burden of establishing that a party has jurisdiction over a civil action?
MultiRegion, United States of America
The following excerpt is from Abazari v. Rosalind Franklin Univ. of Med. & Sci., CASE NO. 16cv1329-GPC(JLB) (S.D. Cal. 2016):
presumptively without jurisdiction over civil actions and the burden of establishing the contrary rests upon the party asserting jurisdiction. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing jurisdiction against a party who is not a party to a claim? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What jurisdiction does the Guam District Court have over a civil action brought by the Guam Republican Party? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Does a defendant have the burden of establishing federal jurisdiction in an action? (MultiRegion, United States of America)
What is the test for determining whether a civil servant has a "clearly established right" under the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for establishing that a party to a wrongful death claim had an identity of interest with, and adequate representation by, the losing party in the second action? (MultiRegion, United States of America)
Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What jurisdiction does the federal district court have to hear a civil rights action to redress the deprivation of civil rights? (MultiRegion, United States of America)
