Civ Jurisdiction Flashcards
How is the states long arm statute satisfied?
Most states find jurisdiction is sufficient if it meets the constitutional test.
What two laws must be satisfied to find P/J?
Whether there is P/J over the parties depends on wether (1) the state’s long arm statute is satisfied AND (2) the constitution (due process) is satisfied.
What is the constitutional test for P/J?
Does D have such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?
What four things must be established under the Minimum Contacts test for valid P/J?
Contact: D must have purposefully availed himself to the forum state (through a voluntary act), in such a manner that she could foreseeable be sued in the forum for such contact.
Relatedness: There must be a relation between the contact and the plaintiff’s claim.
- -specific P/J: If the claim arises from D’s conduct with the state (ie car accident).
- -general P/J: D must have continuous and systematic ties with the forum so that D is essentially at home in the forum.
- —Humans: Domicile (physical presence and intent to permanently remain).
- —Business: Nerve center test (where formed and PPB).
Fairness: Must assess whether jurisdiction would be fair or reasonable under the circumstances.
–Factors include: convenience, states interest, plaintiff’s interest.
Notice: D must be notified of the lawsuit by a reasonable method and given an opportunity to appear and be heard.
What is SMJ?
Federal courts can only hear certain types of suits, either (1) federal questions or (2) suits involving a diversity of citizenship.
What is needed to prove a federal question exists?
Complaint must show a right or interest founded substantially on a federal law.
- -Well pleaded complaint rule: P’s claim itself must arise under federal law; it is not enough that it states a federal issue in the complaint. (Is P enforcing a federal right?)
- -P cannot anticipated a potential defense.
What is needed for a diversity case?
The case is either (1) between citizens of different states or (2) between a citizen of a state and a citizen of a foreign country AND the amount in controversy exceeds 75k.
- -natural person are residents where domiciled.
- -corporations have two residence; (1) state of incorp and (2) PPB “found using the nerve center test.”
- -amount in controversy: amounts of one P v. one D or one P v joint tortfeasor can be aggregated to exceed 75k.
How does supplemental jurisdiction affect SMJ?
It can only be used when there is already a case in federal court (through FQ or diversity). Now we have an additional claim in the case and this additional claim does not meet diversity of FQ.
- -test: The claim must share a COMMON NUCLEUS OF OPERATIVE FACT with the claim that invoked SMJ. ( this test is always satisfied if the claims arise from the same transaction or occurrence).
- —limitation: In a diversity claim, P cannot use Supp. JD diversity. However, P can use it to overcome the 75k amount.
How does removal work?
Defendant sued in state court might be able to remove the case to federal court. However, the removal must occur within 30 days of service of process.
What is the Erie Doctrine?
A federal court in diversity case must apply state substantive law.
- -if if fed law on point directly conflicts with state law, apply the fed because of supremacy clause.
- -SC has held absent a conflicting federal law, state law applies to the elements of a claim or defense, statute of limitations, rules for tolling SoL, and conflict of law rules.
- -if no fed law and does not fall into one of the SC categories the following three test should be used:
- —outcome determinative: would applying or ignoring the state rule affect outcome of case? If so probably substantive.
- —balance of interest: does either the fed or state have a strong interest in having its rule applied?
- —avoid forum shopping: if fed court ignores state law on this issue, will it cause a flood of litigant? If so likely use state law.
If SMJ allows for jurisdiction of a federal court; then what tells us which federal court?
Venue
- -P may lay venue in any district where: (1) all D’s reside (if all D’s reside in different districts of the same state then any of those districts will be proper), OR (2) a substantial part of the claim arise. If neither then wherever D is subject to PJ.
- *Note: a fed court can transferee to any fed district that has PJ and SMJ over D or anywhere with unanimous party consent.
What must P procedurally do first?
P must give Notice of lawsuit to D via (1) a summons and (2) a copy of the complaint. These two documents are called process.
- -any nonparty 18 yr old can serve the process.
- -service of process can be done by personally giving D the papers, or leaving process with someone of adequate age and resident at D usual home, or service of D’s agent, or by any way provided by state law.
- -P can mail D a copy of process and two copies of waiver form with prepaid means of returning. If D executes and mails back within 30 days, D waives service but not PJ.
What are the two interlocutory motions?
- -TRO: can be granted without notice to adverse party if facts shown by affidavit or verified complaint that IMMEDIATE and IRREPARABLE HARM will occur before adverse party can be heard. May not exceed 14 days.
- -Preliminary Injunction: court issue to maintain status quo. Must give notice to adverse party and moving party must show they have a likelihood of prevail on the merits and the injunction will not cause irreparable harm.
What is required in a complaint?
Ps. Filing commences an action.
Requirements:
(1) statement of grounds for SMJ
(2) short and plain stmnt of the claim, showing entitled to relief
(3) demand for relief sought
Pleading standard: must plead facts supporting a plausible claim.
–particularity and specify- fraud, mistake, and special damages have heightened pleading standard.
What is required of the defendant after he receives a complaint?
D must respond within 21 days after service either by motion or by answer.
- -Motions: are not pleadings they are a request for a court order.
- —12(b) defenses (can be put in motion or answer):
(1) lack of SMJ
(2) lack of PJ
(3) improper venue
(4) insufficiency of process (something wrong with papers)
(5) insufficient service of process
(6) failure to state a claim
(7) failure to join indispensable parties - ***2,3,4,5 must be included in first response or they are deemed waived; 5,6 must be raised before or at trial or they are waived. SMJ can initially be raised even on appeal.
- -Answer: must respond to allegations in the complaint by admit, deny, or lack sufficient knowledge. Failure to deny can be an admission except for damages. You may also raise affirmative defense and counter claims.
