Choosing the Right Court

Question 1

Personal Jurisdiction

Answer 1

1) Satisfy State Statute

2) Satisfy Constitutional Due Process

Question 2

1) Statutory Analysis

Personal Jurisdiction

Answer 2

Allows PJ over Defendant who:

1) Served with Process in the astate
2) DOMICILED in the state
3) Do Certain things in the state.

Question 3

2) Constitutional Analysis

Personal Jurisdiction

Answer 3

Do they have minimum contact with the forum?

If D domiciled in the forum or consent, or is present in the form when served with process.

Question 4

Supplemental Jurisdiction

Solid Gold Rule

Answer 4

So a non- Federal, non-diversity claim can be heard in federal court if it meets “the test”: unless

1) Asserted by P
2) In a diversity of citizenship (Not FQ) case and
3) In against a citizenship of the same state as the P.

Question 5

2) Constitutional Analysis

Contract-Relatedness-Fairness

Answer 5

1) Contract
a) Purposeful Availment
b) Foreseeable

2) Relatedness
3) Fairness

Question 6

Subject Matter Jurisdiction

Removal

Answer 6

• it Transfers only from a state trial court to Fed court
• if removal was improper, the fed court can “remand” to state court
• Only D can remove and all D’s must agree.

Time:

• withint 30 days after service of the paper that makes it removable
• no more than a year after filing the case.

Question 7

Personal Jurisdiction

Purposeful Availment

Answer 7

D must reach out the to forum in some way, such a as to make money there or to use the road there.

• The court must find that through his conduct the D purposefully availed herself of the privilege of contradicting acting within the forum state this involving benefits and protection of its law.

Question 8

Venue

Transfer Venue

Answer 8

A fed district court may transfer the case to another fed district cour.

• Can only transfer to District court where could have been filed.

Exception:
* Can transfer to any district court if all parties consent and if find cause for transfer.