1. Jurisdiction and Venue

Question 1

What is the primary limitation of federal subject-matter jurisdiction?

Answer 1

Federal courts will NOT exercise SMJ over domestic relations and probate proceedings.

Question 2

What are the requirements for Federal Question Jurisdiction?

Answer 2

A claim must meet one of the following:
* Well-Pleaded Complaint Rule
* Federal law created the claim
* State law claim depends on a ‘substantial’ federal issue

Question 3

What does NOT qualify as a Federal Question?

Answer 3

Defenses, anticipated defenses, counter-claims, artful pleading, and state malpractice claims based on federal patent law.

Question 4

What is habeas corpus?

Answer 4

A civil cause of action brought against the jail or custodian of a person currently under confinement.

Question 5

What are the grounds to raise a habeas corpus?

Answer 5

Grounds include:
* Violation of the Due Process Clause
* Violation of compelled self-incrimination
* Violation of protection against double jeopardy
* Violation of the right against cruel and unusual punishment

Question 6

What is the remedy for habeas corpus?

Answer 6

Available only if the state court’s decision contradicted or unreasonably applied U.S. Supreme Court law.

Question 7

What is the statute of limitations for habeas corpus?

Answer 7

MUST be brought within one year of the final judgment of custody.

Question 8

What is Diversity Jurisdiction?

Answer 8

Federal court’s authority to hear a civil case because the parties are from different states or a party is from a foreign country if the amount in controversy is more than $75,000.

Question 9

What are the conditions under which a claim does NOT meet the amount in controversy for Diversity Jurisdiction?

Answer 9

Conditions include:
* Claim is exactly $75,000
* Legal certainty that the claim does not exceed $75,000
* Single plaintiff cannot aggregate claims against multiple defendants
* Multiple plaintiffs cannot aggregate claims against a single or multiple defendants.

Question 10

When must diversity be met in a lawsuit?

Answer 10

Diversity must be met only at the time the suit is filed.

Question 11

What is required for a change of domicile?

Answer 11

Requires:
* Physical move and presence in a new state
* Intention to remain in the new state indefinitely
* Intention to abandon former domicile

Question 12

What defines a United States citizen’s domicile abroad?

Answer 12

A citizen will have domicile in a foreign state if they physically relocate and intend to stay there indefinitely.

Question 13

What is the citizenship rule for corporations?

Answer 13

A corporation is a citizen of:
* The state or foreign country of its incorporation
* The state or foreign country where it has its principal place of business.

Question 14

What is the citizenship rule for unincorporated associations?

Answer 14

The citizenship of an unincorporated association is the citizenship of all members of the association.

Question 15

What is Supplemental Jurisdiction?

Answer 15

i.) any claim in the case that has an independent basis of Fed Q or Diversity Jurisdiction that can be the federal anchor claim;

ii.) a state claim that has no independent basis of Fed Q or Diversity Jurisdiction in which Supplemental Jurisdiction can be exercised over; AND

iii.) The federal claim and the state claim are “so related” that they have a common nucleus of operative fact.

Question 16

NUANCED Rule for Supp Jurisdiction:

The dismissal of the federal claim _____________ divest the court of supplemental jurisdiction over the state-law claim.

Answer 16

The dismissal of the federal claim DOES NOT divest the court of supplemental jurisdiction over the state-law claim.

If a plaintiff presents a colorable claim under federal law, it will be sufficient to support supplemental jurisdiction over state-law claims that form part of the same case or controversy.

The court may, in its discretion, rely on the dismissal as a reason to discontinue hearing the state-law claim but it is not required to do so.

Question 17

Claim solely based on Diversity Jurisdiction

If the case is solely based on Diversity Jurisdiction, it requires further analysis under _______ or ______.

Answer 17

1367(b) bar or 1367(b) Exxon Bar

Question 18

The 1367(b) bar to Supplemental Jurisdiction applies to:

Answer 18

i.) every claim with independent Subject Matter Jurisdiction in the case based solely on Diversity Jurisdiction (i.e. can have a Supplemental Jurisdiction claim);

ii.) State claim is by the Original plaintiff, Co-plaintiff, or Uninvited Plaintiff;

iii.) A claim on the barred list; and

iv.) State claim lacks either complete diversity OR Amount in controversy OR both.

Question 19

1367( b) barred list

Answer 19

Barred #1: any claim by the original plaintiff or invited co-plaintiff against any added defendant joined under Rule 19, 20, or 24;

Barred #2: any claim by the original plaintiff or invited co-plaintiff joined by the original defendant as a third-party defendant under Rule 14; and

Barred #3: any claim by Uninvited plaintiffs against anyone.

Question 20

Under 1367(b), the Exxon bar to Supplemental Jurisdiction applies to:

The Exxon Bar is completely barred when….

Answer 20

i.) every claim in the case has solely diversity jurisdiction;

ii.) Multiple co-plaintiffs joined under Rule 20 with a claim against a single defendant; and

iii.) does not meet AIC (just as long as one claim does)

Completely Barred: claim fails for complete diversity of citizenship.

Question 21

Under what conditions can a court decline to exercise supplemental jurisdiction?

Answer 21

Conditions include:
* Raises a novel or complex issue of state law
* Substantially predominates over original claims
* All original claims dismissed
* Exceptional circumstances or compelling reasons

Question 22

Concurrent Jursidiction

Answer 22

federal court has concurrent jurisdiction over a particular case if the case could also have been brought in state court.

When a court has concurrent jurisdiction to hear a case, both state and federal laws or policies may apply, resulting in a conflict of laws.

Question 23

What is the general rule for removal of a case from state court to federal court?

Answer 23

Defendant may remove if the case could have been brought in federal court or at least one claim falls under subject-matter jurisdiction.

Question 24

What is the timing requirement for a defendant to file a notice of removal?

Answer 24

A Notice of removal must be filed within 30 days of service of the initial pleading.

Question 25

Nonremovable Actions

Answer 25

nonremovable actions include:
i.) certain claims under the Violence Against Women Act of 1994;
ii.) some actions against railroads;
iii.) claims that arise under a state workers’ compensation law where the action was filed; and
iv.) agency or administrative proceedings.

Question 26

Removal Based on Diversity Jurisdiction

Single Defendant Rule Based on Diversity Jurisdiction:

A diversity case will ONLY be removable if:

Answer 26

NO defendant is a citizen of the state in which the action was brought.

As such, a forum defendant (i.e., a defendant who is a citizen of the forum state) may NOT remove an action from state to federal court.

Removal is PROPER if diversity is NOT the sole base for removal, such as federal question.

Question 27

Removal Based on Diversity Jurisdiction

Single-Defendant Rule Based on Supplemental Jurisdiction

In cases based solely on diversity, supplemental jurisdiction may NOT be used to:

Answer 27

cure a case that has been improperly removed by a forum defendant.

Question 28

Multiple defendants are allowed to remove based on diversity jurisdiction when….

Answer 28

i.) All defendants are diverse from the plaintiff;
ii.) No defendant is a citizen of the forum state; and
iii.) All defendants must consent to the removal.

Question 29

If multiple defendants are served at different times and a later-served defendant initiates removal, the earlier-served defendants may…..

Answer 29

join in the removal, even if their original 30-day window has closed.

There is NO rule requiring multiple defendants to simultaneously join in a single, timely, notice of removal.

Question 30

If a federal question claim is joined by a non-removable state claim(no supplemental), the entire case is…….

Answer 30

moved to federal court, where the federal judge will sever and remand the state claim back to state court.

Question 31

To remove a case to federal court, the defendant must:

Answer 31

1. File a notice in the federal district court where the action is pending;
2. Attach all served pleadings to the notice;
3. Notify all opposing parties; and
4. File a copy of the notice with the state court.

Question 32

What happens if removal is not proper by the defendant?

Answer 32

If removal is not proper, the court will remand the action to start court.

Question 33

what is the timing requirement for plaintiff to file a motion to remand the case to state court?

Answer 33

Plaintiff MUST file a motion to remand the case to state court within 30 days after the defendant filed the removal notice

Question 34

One-Year Removal Rule for Diversity Jurisdiction

Answer 34

A case removable based on diversity jurisdiction may not be removed more than one year AFTER when the complaint was filed.

Note: If the plaintiff acted in bad faith to prevent the defendant from removing, that one-year time period can be relaxed.

Question 35

Removal Based on Invalid Law

Answer 35

If an action has been removed to federal court and the court determines that this is the case, it must either be dismissed or remanded back to state court for an amended complain

Question 36

Pleadings subsequent to the removal petition

Answer 36

The federal court cannot consider any pleading subsequent to the removal petition. If the action is remanded and an amended complaint is filed, the defendants can file to remove the case to federal court a second time.

Question 37

What is the rule regarding fraudulent joinder for removal?

Answer 37

The right to removal is not defeated if a defendant was fraudulently joined to defeat diversity jurisdiction.

Question 38

What is territorial jurisdiction?

Answer 38

The authority of a court to bind a party to the action based on the location of the federal district or applicable federal statutes.

Question 39

100-mile Bulge Rule

Answer 39

allows for out-of-state service even if the local law does not permit this. When the provision applies, it allows service anywhere, even across a state boundary, within a 100-mile radius of the federal courthouse where the suit is pending.

The bulge provision applies ONLY where out-of-staters will be brought in as additional parties joined under Rule 14 or Rule 19 to an already-pending action, NOT original defendants.

Question 40

What are the three types of personal jurisdiction?

Answer 40

1. In personam jurisdiction over the parties
2. In rem jurisdiction over the property that is the subject of the action; and
3. quasi in rem jurisdiction over property that is attached to satisfy the judgment in an action.

Question 41

What is in personam jurisdiction?

Answer 41

Jurisdiction over the parties to a lawsuit, typically based on physical presence or significant contacts with the state.

Question 42

What must be analyzed to determine personal jurisdiction?

Answer 42

Two questions:
* Does the state’s long-arm statute grant jurisdiction?
* Does the 14th Amendment Due Process Clause allow enforcement?

Question 43

What does Step 1 of personal jurisdiction analysis involve?

Answer 43

Determining if a state court in that state could assert personal jurisdiction over the party.

If Yes, federal court can assert Personal Jurisdiction (subject to constitutional considerations);

If No, state court cannot assert Personal Jurisdiction, federal court cannot assert personal jurisdiction either.

Question 44

What are the allowable contacts for a state court to assert personal jurisdiction based on a long-arm statute?

Answer 44

1. Business transactions within the state;
   2.Contracts for goods and services within the state; or
2. Real property ownership within the state

Question 45

Under what circumstances is personal jurisdiction constitutional according to the 14th Amendment?

Answer 45

1. Residency;
2. Consent;
3. Service;
4. Minimum contacts; or
5. Substantial business.

Question 46

What is the rule regarding residency for personal jurisdiction?

Answer 46

Personal jurisdiction is constitutional if the defendant is domiciled in the forum state with intent to remain there indefinitely.

Question 47

What constitutes consent for personal jurisdiction?

Answer 47

1. Express consent by agreement
2. State law provision for engaging in particular activities
3. Appearing in court without objecting to personal jurisdiction in their pre-answer motion or answer.

Question 48

What is the service rule for establishing personal jurisdiction?

IT DOES NOT MATTER IF….

Answer 48

Personal jurisdiction is constitutional if a defendant is physically present in the jurisdiction and served with process while present.

It does not matter if:
-Defendant’s presence in the jurisdiction is temporary or unrelated to the lawsuit.

Question 49

What are the criteria for minimum contacts to establish jurisdiction?

Answer 49

1. The defendant must have minimum contacts with the forum state
2. The lawsuit must arise from those contacts
3. Exercising jurisdiction must be fair and just.

Visiting periodically for reasons unrelated to the plaintiff’s claims is INSUFFICIENT to establish minimum contacts.

Question 50

What is specific jurisdiction?

Answer 50

Jurisdiction over a non-resident defendant if: 1. the defendant purposefully conducts business in the forum state;
2. the claim is related to those activities; and
3. Exercising jurisdiction is reasonable.

Question 51

What does purposeful availment mean in specific jurisdiction?

Answer 51

Courts assess the defendant’s contacts related to the claim and the purposefulness of each contact.

Question 52

What is required for a defendant to establish minimum contacts through targeting a forum state?

Answer 52

1. Acting within the state
2. Reaching out to state residents
3. Interacting with residents within the state
4. Transacting business in the state
5. Intending to harm state residents
6. Regularly conducting business with residents

Question 53

What is the rule regarding stream of commerce cases?

Answer 53

Simply having a product cause injury in a state does not justify jurisdiction; the defendant must have intentionally marketed the product in the state.

Unilateral acts of another CANNOT establish the defendant’s minimum contacts, as they don’t show purposeful contact by the defendant.

Question 54

What are the five factors considered when determining if litigating in a forum state would be fundamentally unfair?

Answer 54

1. Burden on the defendant
2. Forum state’s interests
3. Plaintiff’s interest in relief
4. Judicial system’s efficiency
5. Shared policy interests of the states

Question 55

What establishes general jurisdiction?

Answer 55

A court can hear any claim against a defendant due to extensive contacts with the forum state.

Question 56

What are the conditions for a defendant to be subject to general jurisdiction?

Answer 56

1. Individual defendant is domiciled in the forum state
2. Corporate defendant is incorporated or has its principal place of business in the forum state

Question 57

General Jurisdiction for a Foreign Corporation

Answer 57

A foreign corporation can be subject to general jurisdiction in a state where the corporation has temporarily relocated its principal place of business, even where the cause of action did not arise from the corporation’s actions within that state.

Question 58

in rem jurisdiction

Answer 58

Interests of a particular piece of property or thing located within the forum state.

Question 59

What are the requirements for a federal court to exercise in rem jurisdiction?

Answer 59

1. There is real or personal property of value in the state
2. The court seizes the item and has control
3. The owner received proper notice

Question 60

What is quasi in rem jurisdiction?

Answer 60

Jurisdiction over property attached to satisfy a judgment in an action.

Question 61

What are the requirements for quasi in rem jurisdiction?

No Quasi in Rem Jurisdiction when…

Answer 61

1. Real or personal property of value is located in the state
2. The defendant owns the property
3. The property is being attached or seized
4. The defendant has been provided proper notice.

No Quasi in Rem jurisdiction where there is NO minimum contacts with the forum state or territory.

Question 62

What is the rule for personal jurisdiction over a non-resident defendant who owns lands in a forum state?

Answer 62

a defendant who owns property in the forum that is ENTIRELY UNRELATED to the cause action may not be subject to jurisdiction unless minimum contacts are established.

Question 63

A defendant who is no longer domiciled in the forum state may be subject to in rem jurisdiction if:

Answer 63

i.) the cause of action is of a domestic nature;
ii.) the forum state was the place of matrimonial domicile,
iii.) the defendant abandoned the plaintiff in the forum state; or
iv.) an agreement or settlement for support was entered into in the forum state.

Question 64

What is the rule regarding judgments entered without personal jurisdiction?

Answer 64

Such judgments are void and not entitled to Full Faith and Credit by another court.

Question 65

Who is responsible for the service of process?

Answer 65

The plaintiff is charged with service of process.

Question 66

What must be served to the defendant for service of process to be completed?

Answer 66

1. Summons
2. Copy of the complaint

Question 67

What is the timing requirement for serving a defendant?

Answer 67

Service must be completed within 90 days of filing the complaint.

Question 68

What happens if a plaintiff fails to timely serve a defendant?

Answer 68

The court must dismiss the suit without prejudice unless the plaintiff shows good cause.

Question 69

Who may serve the process?

Answer 69

Any person who is at least 18 years old and NOT a party to the suit.

Question 70

How can process be served on a natural person?

Answer 70

1. Personally delivering it
2. Leaving it at their usual residence with a suitable adult
3. Serving it to their registered agent

Question 71

How can process be served on a corporation?

Answer 71

1. Delivering a copy to an officer
2. A managing agent or general agent
3. Any authorized agent to receive service of process.

Question 72

What must a plaintiff provide to request a waiver of service?

Answer 72

1. Notice and request for waiver in writing
2. Copy of the complaint
3. Two copies of a waiver form
4. Prepaid method for returning it

Question 73

What is the timing for a defendant to answer a complaint once service is waived?

Answer 73

60 days to answer, or 90 days if outside any U.S. judicial district.

Question 74

Does waiver of service waive any objections that the defendant may have with the lawsuit?

Answer 74

Waiver of service is not a waiver of any objections the defendant may have regarding the court’s SMJ, PJ, or Venue of suit.

Question 75

What is the timing requirement for a Defendant to answer a complaint once service is waived?

Answer 75

A defendant who waives service has 60 days to answer the complaint, or 90 days if outside any U.S. judicial district.

Question 76

Defendant fails to sign and return a waiver request

Answer 76

If the plaintiff follows the procedures for requesting a waiver and defendant refuses the waiver and does NOT show good cause for the refusal, the court MUST impose on the defendant:
i.) expenses later incurred in making service; and
ii.) costs of any motion to collect those service expenses

Question 77

What is the rule for venue?

Answer 77

Venue is proper in the district where:
1. any defendant resides, if all defendants reside in the same state;
2. a substantial portion of events or omissions occurred; or
3. Any defendant is subject to personal jurisdiction if no other district is suitable

Question 78

Venue is also considered proper where a party…

Answer 78

1. consents to the venue;
2. consents to PJ in the venue; or
3. waives the objection by failing to raise it.

Question 79

Dismissal of case due to improper venue

Answer 79

A case may be dismissed even if subject-matter and personal jurisdiction exist, but the venue is improper.

Question 80

Defendant’s Place of Residence for Venue

Natural persons are deemed to reside where they are ____.

Aliens MUST _________.

Answer 80

Domiciled.

MUST have permanent residence in the United States. They are considered to reside, for venue purposes, where they are domiciled.

Question 81

Residence of Entities for Venuel

Plaintiff Entity: Venue is proper where….

Defendant Entity: Venue is proper where…

Answer 81

the plaintiff maintains its principal place of business.

the defendant is subject to PJ.

Question 82

What happens if a case is filed in an improper venue?

Answer 82

The case may be dismissed even if subject-matter and personal jurisdiction exist.

Question 83

What is the rule for transferring venue?

Answer 83

1404(a) authorizes transfers, from one federal district court to another, for the convenience of parties and witnesses.

Question 84

What are the three requirements for transferring venue?

Answer 84

1. transfer to a district or division to a court in which the action might have been brought;
2. Transfer is favored by convenience
3. The new court has personal and subject-matter jurisdiction

Question 85

Transfer of Venue-Forum Selection Clause

Answer 85

When a party to a contract with a forum-selection clause later sues another party to that contract in a federal court where venue is proper, but the “wrong” venue under the clause, defendants DO NOT generally have the right to use § 1406(a) to demand a dismissal or transfer to the forum specified by the clause.

Review of a forum-selection clause is a discretionary analysis in which the party seeking to avoid the clause has the burden to show that convenience-related factors favor transferring over enforcing the clause

However, § 1404 allows a defendant who wishes to enforce the forum-selection clause to ask the court to transfer the case for convenience.

Question 86

What is the doctrine of forum non conveniens?

Answer 86

Allows a court to dismiss an action if it is a seriously inconvenient forum and an adequate alternative exists.

Question 87

What does forum non conveniens NOT allow?

Answer 87

It does not allow for a case to be transferred to a foreign country.