Civ Pro Flashcards
General rule for subject matter jurisdiction
A federal court can only hear cases where it has subject matter jurisdiction because it is a court of limited jurisdiction. A federal court has subject matter jurisdiction if there is a federal question / there is diversity of citizenship among the parties / or supplemental jurisdiction. SMJ is not waived and can be raised at any time, even on appeal.
Rule for smj: Federal Question
Federal question jurisdiction exists if a plaintiff is enforcing a federal right and the federal question of law is present on the face of a well-pleaded complaint.
Raising a defense under a federal law is not sufficient to trigger federal question jurisdiction.
Rule for smj: Diversity of Citizenship
Diversity of citizenship jurisdiction exists when there is complete diversity of citizenship between all plaintiffs and defendants AND the amount in controversy exceeds $75,000. Diversity is determined at the time the action is commenced.
Rule for determining citizenship of a natural person
A party’s citizenship is determined by domicile. A natural person is domiciled in the state of their residence and where they have subjective intent to make their permanent home. Courts review such factors as voter registration, vehicle registration, bank accounts, places of employment.
-An executor or personal representative is deemed to have the citizenship of the decedent or person represented.
Rule for determining citizenship of a corporation
A corporation can have dual citizenship, determined by the state of its principal place of business (nerve center) and where it is incorporated.
A partnership or association is deemed to be domiciled in the state of every partner/member/owner.
Rule for amount in controversy for diversity jurisdiction
The amount in controversy is based on the damages alleged in good faith, unless legally certain the plaintiff cannot recover the specified amount.
A plaintiff may aggregate his claims against one defendant or against multiple defendant if joint tortfeasors.
A claim for injunctive relief is valued by the benefit of relief or cost of compliance.
General rule for supplemental jurisdiction
If a federal court has subject matter jurisdiction over some of the claims int he action, then it may exercise supplemental jurisdiction over additional claims that arise from the same common nucleus of operative facts (same transaction or occurrence).
Rule for removal of a case to federal court
A defendant may remove a case to federal court sitting in the State where the claim was filed if:
- the federal court has subject matter jurisdiction;
- all defendants agree;
- no defendant is a resident of that forum state; and
- removal is sought within 30 days.
Cannot be removed more than one year after commencement in a diversity action.
A plaintiff cannot remove a case to federal court.
Procedure for removal of a case to federal court
A defendant must file a notice of removal in federal court. The notice must state the basis for federal jurisdiction and include copies of the documents filed in state court. The defendant must serve the notice of removal upon all parties.
Removal is automatic and the state may take no further action in the case once it receives the notice of removal.
General rule for personal jurisdiction
A federal court must have personal jurisdiction over a defendant for its judgment to be binding. A federal court can exercise personal jurisdiction to the same extent as the state courts where the federal district court is located.
To assert personal jurisdiction over defendant who is not a residence of the forum state, the forum state must have a long-arm statute and met Constitutional requirements of due process.
Rule for Constitutional due process in personal jurisdiction
The Due Process clause permits the exercise of personal jurisdiction over out of state defendants if they have minimum contacts with the form state such that the exercise of jurisdiction would not offend traditional notions of fair play and substantial justice. International Shoe.
Rule for venue
Venue is appropriate in
1) a district where any defendant resides, if all defendants are residents of the State in which the district is located;
2) a district in which a substantial part of the events giving rise to the claim are occurred; OR
3) any district in which any defendant is subject to the court’s personal jurisdiction.
General rule for Service of Process
In federal court, the summons and complaint must be served on the defendant within 90 days of filing or in any manner in accordance with the state where the district court is located.
Otherwise, the court MUST dismiss without prejudice or order service be made within a specific time.
Rule for service on an individual
Service may be made by any person who is at least 18 years old and not a party to the action.
Rule for service on a corporation, partnership, or association
A corporation/partnership/association may be served in accordance with state law where service is made OR by delivering the summons and complaint to an officer or agent of the entity.
