Civil Procedure Multistate Bar Practice Exam

What determines the citizenship of an unincorporated association?

1. The citizenship of its leader

2. The state where it conducts business

3. The citizenship of all its members

4. The location of its headquarters

The correct answer is: The citizenship of all its members

The citizenship of an unincorporated association is determined by the citizenship of all its members. This principle is rooted in the concept that unincorporated associations, such as partnerships or LLCs, do not have their own distinct legal identity separate from their members. Instead, the association takes on the citizenship of each individual member, meaning that if any member is a citizen of a different state, the association will be considered a citizen of that state for diversity jurisdiction purposes. This understanding plays a critical role in federal court jurisdiction, particularly in cases involving diversity jurisdiction under 28 U.S.C. § 1332. Unlike a corporation, which is considered a citizen of its state of incorporation and the state where its principal place of business is located, an unincorporated association's citizenship aligns directly with that of its individual members. Therefore, option C accurately reflects this principle, making it the correct answer. In contrast, the other options do not align with the established legal framework. The citizenship of a leader, where the association conducts business, or the location of its headquarters do not determine the overall citizenship of the association itself. Each of these factors may provide context for the association's activities but do not influence its legal status in the same way that