1. Selecting the Proper Court

Question 1

What is the test for determining if personal jurisdiction is constitutional?

Answer 1

Does D have “such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice”?

Question 2

PJ is clearly constitutional if D is:

Answer 2

(1) domiciled in the forum or
(2) consents or
(3) is voluntarily present in the forum when served with process.

Question 3

What factors must be considered to determine if PJ is constitutional?

Answer 3

1. Contact. There must be a relevant contact between D and the forum state.
2. Relatedness between this contact and P’s claim.
3. Fairness. Assess whether jurisdiction would be fair (or reasonable) under the circumstances.

Question 4

How do we determine if a D’s conduct with a forum state was relevant?

Answer 4

1. The contact must result from purposeful availment: D’s voluntary act.
2. It must be foreseeable that D could be sued in the form state.

Question 5

What question do we ask to determine if D’s conduct relates to P’s claim?

Answer 5

Does the P’s claim arise from the D’s contact with the forum?

Question 6

What if the claim does not arise from D’s contact with the forum?

Answer 6

Then, jurisdiction is OK ONLY if the court has general PJ.

Question 7

To have general PJ, what must be true?

Answer 7

D must be at home in the forum state

Question 8

Where is a human always “at home”?

Answer 8

Where he is domiciled

Question 9

Where is a corporation always “at home”?

Answer 9

1. Where incorporated, and

2. Where it has its principal place of business

Question 10

When do you need to assess the “fairness” factor”

Answer 10

Only for specific personal jurisdiction

Question 11

Are there any cases a state court cannot hear?

Answer 11

Cases arising under a few federal laws must be brought in federal court – e.g., patent infringement, bankruptcy, some federal securities and antitrust claims. But most cases arising under federal law can be heard by state courts.

Question 12

What are the two main types of cases that can be heard in federal court?

Answer 12

1. Diversity of citizenship

2. Federal Question

Question 13

What are the requirements for diversity of citizenship and alienage cases?

Answer 13

1. The case is either
   (a) between “citizens of different states” (diversity) or
   (b) between “a citizen of a state and a citizen of a foreign country”
   (alienage) and
2. The amount in controversy exceeds $75,000.

Question 14

Complete diversity rule

Answer 14

No good if any P is a citizen of the same state as any D

Question 15

How do you establish a new domicile?

Answer 15

It takes two things:

1. Physical presence there

AND

2. The Intent to make that your permanent home

Question 16

What is/are the citizenship(s) of a corporation?

Answer 16

1. The state or country where incorporated

AND

2. The state or country of its PPB

Question 17

Where is the corporation’s PPB?

Answer 17

It’s where managers direct, coordinate, and control corporate activities

Question 18

Citizenship of an unincorporated association (like partnership or limited liability company (LLC)). What is its citizenship?

Answer 18

The citizenship of all its members

Question 19

Citizenship of decedents, minors, or incompetents:

Answer 19

Such persons must sue or be sued through a representative. The representative’s citizenship is irrelevant.
Use the citizenship of the decedent, minor, or incompetent.

Question 20

How do you determine if the amount in controversy exceeds $75,000?

Answer 20

Whatever the plaintiff claims in good faith is OK unless it is clear to a legal certainty that she cannot recover more than $75,000.

Question 21

Aggregation

Answer 21

Aggregation means adding two or more claims to meet the amount requirement.

Question 22

Can we aggregate factually unrelated claims?

Answer 22

Yes

Question 23

P sues joint tortfeasors X, Y and Z for $75,000.01. OK?

Answer 23

Yes, for joint claims, use the total value of the claim

Question 24

What kinds of cases will federal courts not hear?

Answer 24

1. Divorce
2. Alimony
3. Child Custody
4. To probate an estate

Question 25

“Well pleaded complaint” rule

Answer 25

It is not enough that some federal issue is raised by the
complaint. The P’s claim itself must “arise under” federal law. So we look at the claim and ignore other material P alleged.

Question 26

Once a case is properly in federal court (under diversity or FQ), do we have to test every single additional claim for federal subject matter jurisdiction?

Answer 26

Yes. Every single claim in federal court must have federal subject matter jurisdiction. If it does not, it cannot be asserted in the pending case in federal court.

Question 27

What if an additional claim does NOT satisfy diversity of citizenship or FQ?

Answer 27

The federal court can still hear the claim if it invokes supplemental jurisdiction.

Question 28

What is supplemental jurisdiction?

Answer 28

Supplemental jurisdiction gets non-federal, non-diversity claims into federal court.

Question 29

What is the test for supplemental jurisdiction?

Answer 29

The claim we want to get into federal court must share a “common nucleus of operative fact” with the claim that invoked federal subject matter jurisdiction.

Question 30

When is the test for supplemental jurisdiction always met?

Answer 30

when the claim arises from the same transaction or occurrence as the underlying case

Question 31

What limitation is placed on supplemental jurisdiction?

Answer 31

In a diversity case, plaintiff cannot use supplemental jurisdiction to overcome a lack of diversity.

Question 32

When can a court decline to extend supplemental jurisdiction?

Answer 32

It can do so if the state law claim is complex or state law issues would predominate in the case, or if the underlying claim is dismissed early.

Question 33

What does removal do?

Answer 33

Removal transfers the case from a state trial court to a federal trial court.

Question 34

What if removal was improper?

Answer 34

If removal was improper, the federal court can “remand” the case back to state court.

Question 35

When must a D remove a case to federal court?

Answer 35

D must remove within 30 days of service (not filing) of the first paper that shows the case is removable. Usually, that means within 30 days of service of process.

Question 36

Who must join in the removal?

Answer 36

All D’s who have been served with process

Question 37

P sues D-1 and D-2 on June 1. D-1 is served with process on June 1. Can D-1 alone remove the entire case?

Answer 37

Yes, because she is the only D that has been served

Question 38

Suppose D-1 does not remove within 30 days. Then D-2 is served with process on August 1. Can she and D-1 now remove?

Answer 38

Yes, the 30 days starts anew with service on D2

Question 39

P sues D in state court. D files a counterclaim against P in that case. Can P remove?

Answer 39

No, because the P can never remove.

Question 40

What exceptions bar removal and when do they apply?

Answer 40

In a diversity of citizenship case:

1. No removal if any D is a citizen of the forum (instate D rule) AND
2. No removal more than one year after the case was filed in state court.

Question 41

If P thinks removal was improper for some reason other than lack of SMJ (e.g., D did not attach relevant papers to her notice of removal), she must move to remand no later than:

Answer 41

30 days after notice of removal is filed

Question 42

If P thinks removal was improper because the federal court lacks SMJ, when can she move to remand to state court?

Answer 42

Any time, in fact the Court must remand if there was no SMJ

Question 43

When is The Erie Doctrine invoked?

Answer 43

we have a diversity of citizenship case in federal court. The federal judge must decide a particular issue. When she decides that issue, must she follow state law or is she free to ignore state law?

Question 44

What steps must be taken under the Erie Doctrine?

Answer 44

STEP 1. Ask: is there some federal law (like federal constitution or statute or FRCP or Federal Rule of Evidence) on point that directly conflicts with state law? If so, apply the federal law, as long as it is valid.

STEP 2. If there is no federal law on point, the federal judge must apply state law if the issue to be determined is “substantive.”

Question 45

What is venue?

Answer 45

Venue tells us exactly which federal court.

Question 46

P may lay venue in any district where:

Answer 46

Either:

1. All defendants reside

or

2. A substantial part of the claim arose.

Question 47

What venue is proper if all Ds reside in different districts of the same state?

Answer 47

P can lay venue in the district in which any D resides.

Question 48

Where can a federal case be transferred to?

Answer 48

It can only transfer to a district where the case could have been filed.

Question 49

Why can a court decide to transfer a case?

Answer 49

If the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses and on the interest of justice.

Question 50

Is there ever a right to transfer?

Answer 50

No, it is always discretionary

Question 51

If the original district is an improper venue, what may that court do?

Answer 51

It may

1. transfer in the interest of justice

or

2. Dismiss the case