Civ Pro 1 - Jurisdiction and Venue

Question 1

Federal Question SMJ

Answer 1

When the fair reading face a P’s well-pleaded complaint pleads a violation or question of federal law.

Question 2

Fed Question inside a state law claim

Answer 2

Is permissible if:

(1) fed question is actually in dispute
(2) demands the expertise of federal judges and ought to be resolved uniformly as possible
(3) the issue is not so commonly present in state law actions that fed courts would take a large part of the state’s traditional jrdx

Question 3

Diversity Jrdx

Answer 3

(1) parties who are citizens of different states

(2) Amount in controversy is greater than $75,000, to a legal certainty

Question 4

Diversity - Timing

Answer 4

Only has to be met at time the suit is filed. But if a complaint is amended to ad or dismiss a party, this can affect the diversity.

Question 5

Diversity - “Completeness”

Answer 5

None of the plaintiffs can be citizens of the same state as any of the defendants. Except in some class actions.

Question 6

Diversity Citizenship - Individuals

Answer 6

Citizen of the state they physically reside in and intent to remain there indefinitely.

Question 7

Diversity Citizenship - Corporations

Answer 7

Citizen of both state it’s incorporated in and where it has its principal place of business, aka it’s nerve center, where the corp’s officers direct, control, and coordinate the corp’s activities.

Question 8

Diversity Citizenship - Unincorporated Associations

Answer 8

Is the citizenship of all of the members of the association. For a class action though its state under whose laws it is organized and the state where it has its principal place of business.

Question 9

Amount in Controversy - Aggregation

Answer 9

Multiple claims against a single defendant, they get added up. If multiple claims against multiple defendants, they don’t get added up.

Question 10

Supplemental Jrdx

Answer 10

Is over a claim that arises out of the same case or controversy as a claim that the fed court has fed question or diversity jrdx over.

Question 11

Supplemental - Anchor claim is Diversity

Answer 11

Then the P can’t get supp. jrdx against a 3rd party brought in by the D or P can’t get supp jrdx against other D’s he’s suing just by having diversity jrdx against one of them.

Question 12

Removal

Answer 12

D has a right to remove a case from state to fed court if the P could have originally brought the case in fed court.

Question 13

Removal Based on Diversity

Answer 13

All of the D’s must be diverse from the P. Also, none of the D’s can be members of the forum state.

Question 14

Removal - Timing

Answer 14

Notice must be filed in fed court within 30 days of service of the initial pleading or 30 days after a complaint has been amended in a way that now makes it removable. A case removable on the basis of diversity cannot be removed more than 1 year after its commencement

Question 15

Removal - Timing, Multiple D’s

Answer 15

The 30 days starts when the last D was served, and all D’s can join in the last D’s removal.

Question 16

3 Types of Personal Jurisdiction

Answer 16

(1) In Personam jrdx
(2) In Rem jrdx
(3) Quasi in Rem jrdx

Question 17

In Personam Jrdx

Answer 17

D has physical presence in or relationship of contacts with the forum state.

Question 18

In Rem Jurisdiction

Answer 18

The subject of the lawsuit is land or real property located within the forum state.

Question 19

Quasi In Rem Jurisdiction

Answer 19

P seeks to attach real or personal property owned by D to be used to satisfy any judgment against the D.

Question 20

In Personam Jrdx

Answer 20

(1) State law of state court sits in has to grant personal jrdx over D.
(2) PJ over D has to comply with due process.

Question 21

5 Types of Personal Jrdx that Comply with Due Process

Answer 21

(1) Residency
(2) Consent
(3) Service in the forum state
(4) Minimum contacts with the forum state
(5) Substantial business in the forum state

Question 22

In Personam - Residency

Answer 22

(1) The D lives in the forum state with intent to remain there.
(2) If corp they’re incorporated there or headquartered there.
(3) Other associations if they maintain a HQ or principle place of business there.

Question 23

In Personam - Consent

Answer 23

(1) Appearance - D appears in court without objecting to PJ.
(2) Contract - choice-of-forum clauses in contracts D signed
(3) Appointment - some states require businesses doing business in the state to appont a local agent to receive service of process.

Question 24

In Personam - Service

Answer 24

If D is physically served in the jrdx. Can’t trick them into coming and can’t do it if they’re in the forum state to participate in a legal proceeding.

Question 25

In Personam - Minimum Contacts

Answer 25

Contacts are purposeful availment. Things that are minimum contacts include causing the harm int eh state, doing business in the state, interest in real property in the state. Claim against D must arise from those contacts and exercising jrdx over D cannot offend traditional notions of fair play and substantial justice.

Question 26

In Personam - Substantial Business

Answer 26

The business in the state must be so significant that the company is essentially at home in the state.

Question 27

In Rem Jurisdiction

Answer 27

Based on the interests of a particular piece of property located within the forum state. Must have:

(1) Real or personal property of value;
(2) Property must be located within the forum state;
(3) Court must seize the item; and
(4) The owner of the property must have received proper notice

Question 28

Quasi In Rem Jurisdiction

Answer 28

The attachment of real or personal property is part of the relief requested. Must have:

(1) Property located within the forum state
(2) D owns the property
(3) Property is being attached or seized
(4) D has been provided proper notice of the proceedings.

Question 29

Service of Process

Answer 29

(1) Must serve summons and copy of complaint.
(2) Must be served within 120 days of filing the complaint unless P can show good cause.
(3) Must be served by someone not a party to the suit who’s over 18

Question 30

How to serve process

Answer 30

By service rules of the state being served in or state in which suit has been filed. Or by FRCP 4.

Question 31

How To Serve Process - FRCP 4 Natural Person

Answer 31

(1) Deliver process to D himself if natural person.
(2) Leave process at D’s usual place of abode with a person of suitable age and discretion who resides there
(3) Serve D’s registered agent
(4) Mail process to D with letter requesting waiver of service in person. If they decline they’re responsible for cost of service. If they accept they get 60 days to answer complaint instead of 21.

Question 32

How To Serve Process - FRCP 4 Corporations and Others

Answer 32

(1) Serve process on an officer.
(2) Serve process on a managing agent or general agent
(3) Serve process on any other agent authorized by appointment or law to receive service.

Question 33

Venue

Answer 33

Is proper in:

(1) The district in which any D resides if all D’s reside in the same state.
(2) The district where a substantial portion of the events occurred.
(3) If first 2 don’t work, a district in which any D would be subject to personal jurisdiction.

Question 34

Venue - Residency

Answer 34

(1) Natural persons are residents where they live and intend to remain.
(2) Corps and other entities are residents of any judicial district in which they are subject to personal jurisdiction.

Question 35

Transfer of Venue

Answer 35

(1) Convenience - if case could have been filed there and it is necessary for the parties and witnesses in the interest of justice.
(2) Agreement - if all parties agree.
(3) Improper venue - court can dismiss or transfer to proper venue in the interest of justice

Question 36

Forum Non Conveniens

Answer 36

A court can decline to exercise jrdx and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists in a foreign county.

Question 37

Federal Question

Answer 37

Fed courts have original jrdx over all civil actions arising under the constitution, laws, and treaties of the united states.