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1
Q

Personal Jurisdiction: GENERAL

A

The power of a court to exercise control over a particular person or item of property.

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2
Q

Types of PJ

A
  1. In personam
  2. In rem
  3. Quasi in Rem
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3
Q

PJ: IN PERSONAM; General

A

Jurisdiction over D by virtue of D’s RELATIONSHIP W/ FORUM STATE.

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4
Q

PJ: IN REM & QUASI IN REM; General

A

D owns property in forum state.

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5
Q

PJ: LIMITATIONS: General

A
  1. Statutory
  2. AND Constitutional
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6
Q

PJ: CONSTITUTIONAL LIMITATIONS

A

Originate from DPC of 14A.
· “A state shall NOT deprive any person of life, liberty, or property, WITHOUT DP of law.
T4: D MUST HAVE minimum contacts w/ the forum state such that it would be fair to force the D to defend a lawsuit there. – International Shoe
AKA: Minimum Contacts Test
–> Cannot demonstrate min. contacts? Court may NOT exercise personal jurisdiction over D.

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7
Q

PJ: STATUTORY LIMITATIONS

A

A court MAY NOT exercise personal jurisdiction over a D UNLESS a statute exists in the forum state that explicitly authorizes the court the exercise of PJ over the particular D.

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8
Q

PJ Analysis

A
  1. Is there a statutory basis for PJ?
  2. Would it be CONSTITUTIONAL for that court to exercise PJ? OR Does D have min. contacts?
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9
Q

Statutory Sources for PJ

A
  1. Physical presence in the forum state @ service w/ process;
  2. Domicile;
  3. Consent;
  4. Waiver;
  5. Long-Arm Statute
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10
Q

Statutory Sources for PJ: PHYSICAL PRESENCE

A

If the D is present in the forum state when served w/ process = will be subject to PJ.
· via Burnham: A court can exercise jurisdiction over a D even if that D is only in the state for a short period
· Doesn’t matter if:
–> D is resident; NOR
–> How long D had been or will be in the state

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11
Q

Domicile: Home State

A

· For individuals by residence, citizenship, and domicile EVEN IF the D is absent from the state at the time of the suit.
· For corporations by the state of incorporation OR where the corporation conducts its principal operations.

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12
Q

Statutory Sources for PJ: DOMICILE

A

D is always subject to PJ in HOME STATE.

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13
Q

Statutory Sources for PJ; CONSENT

A

D may consent to a court’s PJ by:
· Voluntarily appearing in the forum state’s court; AND
· Submitting himself to jurisdiction

Consent can be EXPRESS OR IMPLIED.
· Express: Forum-Selection Clause in K
· Implied: Driving on Roads & MA statute saying that creates implied consent to jurisdiction.

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14
Q

Statutory Sources for PJ: WAIVER

A

D acts in a way that is inconsistent with his argument that the forum lacks a basis for asserting PJ.

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15
Q

Long-Arm Statutes

A

State law allowing the state’s courts to exercise jurisdiction over out-of-state/nonresident Ds.

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16
Q

Types of Long-Arm Statutes

A
  1. Limited or enumerated: specific acts or circumstances; and
  2. Unlimited or unenumerated: K Max
    –> If UNLIMITED: K analysis
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17
Q

K A for Jurisdiction

A
  1. Purposeful Availment;
  2. Minimum contacts; and
  3. Fairness Balancing.
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18
Q

K Limitations: Minimum Contacts

A

Depends upon the “quality and nature of the activity;”
·T4: two issues that court must address as a threshold matter:
1. Whether the contact w/ the forum state is continuous and systematic; OR
2. Whether the D’s claim arises out of the contact w/ the forum state.

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19
Q

International Shoe

A

DP requires only that, in order to subject a D to a judgment in personam, if he be not present w/in the territory of the forum, he have a certain minimum contacts w/ it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.”

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20
Q

Minimum Contacts: GENERAL IN PERSONAM JURISDICTION

A

D’s contact w/ forum is continuous and systematic REGARDLESS of whether the claim arises out of the D’s contact w/ the forum.

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21
Q

Minimum Contacts: SPECIFIC IN PERSONAM JURISDICTION

A

D’s contact w/ forum is isolated and sporadic, then the claim MUST arise out of the D’s contact w/ forum state.
–> REQUIRES that the D’s contact w/ the forum state be PURPOSEFUL AND INTENTIONAL
–> NOT fortuitous or unintended
–> Courts REQUIRE some purposeful connection b/w the D and the forum state LIKE wrongful conduct directed at individuals OR intentional receipt of some SIGNIFICANT benefit from the forum state.

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22
Q

Minimum Contacts Test

A

Two prongs:
1. D MUST have purposefully availed herself of the law and benefits of the forum state (TF not accidental or inadvertent); and
2. Foreseeability (D must have known OR reasonably anticipated that activities in the forum made it foreseeable they may be hauled into court there.)

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23
Q

Purposeful Availment & Stream of Commerce

A

Requires the D contacts be purposefully directed toward the forum state.
· NOT SUFFICIENT that the foreign manufacturer targeted the US market
· MUST target the state specifically.

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24
Q

Minimum Contacts: Foreseeability

A

NOT the mere likelihood that the product will find its way into the forum state.
· D’s conduct AND connection w/ the forum MUST be such that he should reasonably anticipate being haled into court there.

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25
Q

Personal Jurisdiction: Fairness

A

Exercising PJ over the D MUST comply with traditional notions of fair play and substantial justice.

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26
Q

Personal Jurisdiction: Fairness: FIVE FACTORS

A
  1. Burden on the D;
  2. Interests of the forum state in the litigation;
  3. Interest of the P in litigating the matter in that state;
  4. Interstate efficiency; and
  5. interstate policy interests.
    –> NOT SUFFICIENT by themselves to sustain a finding of personal jurisdiction.
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27
Q

In Rem Jurisdiction

A

A judgment that binds the entire world as to the future disposition of PROPERTY ONLY
· NOT the individuals parties to the suit
· Includes anyone who MAY have an interest in the land
· K so long as property is located in jurisdiction AND NOT BROUGHT THERE BY FRAUD OR TRICK.

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28
Q

Quasi In Rem Jurisdiction

A

If named property is w/in jurisdiction, court can hear EVEN IF the court does NOT have in personam jurisdiction.
· Only adjudicates the rights to the named property as b/w the parties to the suit
–> NOT as against the entire world

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29
Q

Quasi In Rem Jurisdiction: Types

A
  1. Type 1: COA and Property relate
  2. Type 2: P may sue on a personal claim AND ATTACH the property to satisfy his claim against the property’s owner EVEN IF the P’s claim is UNRELATED to the property.
    –> MUST STISFY the minimum contacts test from International Shoe
    –> Ownership of the property in the forum state is NOT ENOUGH to satisfy test
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30
Q

Subject Matter Jurisdiction

A

The power of FEDERAL courts to hear certain kinds of cases OR to exercise authority over certain kinds of disputes.
· If at ANY POINT during the case, a federal court finds that it LACKS SMJ, it MUST DISMISS the case.
· While Congress CANNOT EXPAND SMJ, they can make it narrower.

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31
Q

Diversity Jurisdiction: GENERAL

A

Federal district courts shall have jurisdiction over civil actions b/w citizens of different states where the amount in controversy exceeds the sum of $75k.
· COMPLETE DIVERSITY is required by SCOTUS

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32
Q

Simple Diversity

A

Satisfied when one P is a citizen of a different state than at least one D.
· AKA K Diversity

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33
Q

Complete Diversity

A

NO P can be a citizen of the same state as ANY D.
· Does NOT matter if Ps or Ds have same citizenship but Ps CANNOT share citizenship with ANY D.

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34
Q

Diversity Jurisdiction: DATE OF IMPORTANCE

A

The date the LAWSUIT IS COMMENCED.
· NOT the date on which whatever even gave rise to the lawsuit actually occurred.
· ALTHOUGH if a party is added to the case DURING LITIGATION that destroys diversity, the court MUST DISMISS the case or otherwise give it up.

35
Q

Diversity Jurisdiction: AMOUNT-IN-CONTROVERSY

A

The P MUST actually sue the D for an amount GREATER than $75k EVEN IF P ultimately recovers less than that or nothing at all.
· P is taken at his word AS LONG AS the P claimed the amount IN GOOD FAITH UNLESS it appears to a LEGAL CERTAINTY from the FACE OF THE COMPLAINT that there is NO WAY P can possibly recover more than $75k.

36
Q

Diversity Jurisdiction: Amount-in-Controversy: MULTIPLE CLAIMS

A

Where a P bring multiple claims against a SINGLE D, the amt-in-controversy requirement is met when ALL THE CLAIMS add up to an amount GREATER than $75k
· Can arise from the same incident
· Every claim MUST be based on distinct HARMS OR LOSSES
· Must NOT have alternative theories of liability

37
Q

Diversity Jurisdiction: Amt-in-Controversy: MULTIPLE Ds

A

Where a single P sues multiple Ds in a single suit, he CANNOT add the claims against the Ds in order to reach an amount great than $75k
· MUST be met w/ EACH D

38
Q

Diversity Jurisdiction: CITIZENSHIP

A

Depends on if the entity is a PERSON OR CORPORATION.

39
Q

Diversity Jurisdiction: Citizenship: PEOPLE

A

Where they are DOMICILED, not where residences are located.

40
Q

Domicile: PEOPLE

A

REQUIRES the convergence of TWO basic elements:
(1) Objective physical PRESENCE in the state; AND
(2) Subjective INTENTION by the party to remain there INDEFINITELY.

–> Courts usually look to facts and circumstances in order to ascertain.

41
Q

Diversity Jurisdiction: Citizenship: CORPORATIONS OR ARTIFICAL ENTITIES

A

(1) The state where it was INCORPORATED; OR
(2) The state where it has its PRINCIPLE PLACE OF BUSINESS.

42
Q

Diversity Jurisdiction: Citizenship: NERVE CENTER TEST

A

A corporations PPB consisted of the place where the corporation’s officers DIRECT, CONTROL and CORRDINATE the corporation’s activities.
· HQ provided that the HQs is the ACTUAL center of control and not simply an officer where board meetings are held.

43
Q

Complete Diversity: Alienage Jurisdiction

A

Fed. ct. has SMJ over disputes b/w a citizen of any US state AND an alien.
· UNTIL the alien has been admitted to the US for permanent residence AND is domiciled.
- Same state as the US citizen-opponent = DENIED

44
Q

Complete Diversity: Alienage Jurisdiction: Alien v. Alien

A

No fed. jurisdiction over an action by an alien again an alien
· BUT MAY appear as additional parties AS LONG AS there are citizens of the US on BOTH SIDES.

45
Q

Citizenship: Partnerships

A

The citizenship of a partnership, general or limited, is that of EACH AND EVERY PARTNER.

46
Q

Citizenship: LLC

A

Treated like an UNINCORPORATED association for citizenship purposes.

47
Q

Citizenship: Unincorporated Associates

A

Considered a citizen of EACH STATE of which ANY MEMBER is a citizen.

48
Q

Citizenship: Legal Representatives

A

Legal rep of the estate of a descendent, an infant, or incompetent –> Deemed to have the same citizenship as whom they rep.

49
Q

Citizenship: Class Actions

A

Diversity is determined on the basis of the citizenship of the NAMED MEMBERS of the class who are suing.
· Can be overcome by carefully selecting named members
· OR P can change state PRIOR to commencement of the suit AS LONG AS genuine and NOT temporary.

50
Q

Diversity Jurisdiction: Judicial Realignment

A

Court MAY realign the designation of the parties to create OR destroy diversity according to the parties true intentions with the suit.

51
Q

Supplemental Jurisdiction

A

A court MAY entertain claims that (by themselves) do NOT meet the requirements of FQ or diversity jurisdiction IF the claims arise from a COMMON NUCLEAUS OF OPERATIVE FACT as the claim that invoked original federal SMJ.

52
Q

Supplemental Jurisdiction: Intervening Parties

A

NO supplemental jurisdiction for claims by original Ps against intervening Ds
· OR claims by intervening Ps WHEN INTERVENTION IS AS OF RIGHT.
· MAY proceed ONLY IF there is an independent basis for SMJ

53
Q

Supplemental Jurisdiction: Substitution of Party v. Replaced

A

→ Substituted = Citizenship of the substitution party is DISREGARDED.
→ Replaced = Wrong party was replaced w/ correct party = REPLACEMENT party’s citizenship

54
Q

Supplemental Jurisdiction: Impleader

A

Impleader = 3P
→ NO diversity of amt. on controversy is required UNLESS the original P asserts a claim against the 3PD

55
Q

Cross-Claims & Supplemental Jurisdiction

A

If the STOC, does NOT need to meet the requirements of diversity of citizenship OR FQ.

56
Q

Amt. in Controversy: Counterclaims

A

→ D’s counterclaim CANNOT be combined w/ Ps claims to reach the 75k
→ compulsory counterclaim does NOT need to meet the 75k

57
Q

Contributions to Amt. in Controversy

A

· Collateral consequences may NOT be considered;
· Attorneys’ fees that are recoverable by K OR by statute MAY be considered;
· Interest that is related to the claim itself CAN be considered; AND/OR
· Punitive damages PERMITTED UNDER STATE substantive law MAY be used.

58
Q

State Court: Amt. in Controversy

A

P files in state court for amt. less than 75k requirement and D counters w/ suit more than 75k CANNOT be removed to fed. court
→ Removal only permitted by D b/c P 1st to file.
· PLEASE NOTE MODERN TREND to allow removal to federal court by P.

59
Q

Erie Doctrine: GENERAL

A

A federal court in a diversity case WILL apply its own PROCEDURAL law
→ BUT MUST APPLY the substantive law of the STATE in which it is sitting.

60
Q

Erie Doctrine: 1st Determination

A

Whether there is a FEDERAL LAW for the specific issue
→ YES? It applies provided it is VALID
→ NO? Apply to test to find out if issue is substantive OR procedural.

61
Q

Erie Doctrine: Court Tests to Determine if Issue is SUBSTANTIVE or PROCEDURAL

A

1) Outcome Determinative Test;
2) Balance of Interest Test; OR
3) Forum shopping deterrence?

62
Q

Erie Doctrine: Clearly Substantive

A

1) SOL;
2) Rules for tolling SOL; and/or
3) Choice of law rules.

63
Q

Erie Doctrine: Statutes Involving BOTH Substantive & Procedural

A

Fed. Ct. will apply the STATE SUBSTANTIVELY and FED. PROCEDURAL.

64
Q

Erie Doctrine: Interpreting State Laws

A

Fed. Ct. is bound to apply substantive law that would be applied by HIGHEST COURT OF THE STATE.
→ Fed. trial ct. reviewed DE NOVO by appellate.
→ UNTIL FINAL APPEAL, trial court decision MAY BE CHANGED to conform to a new decision.

65
Q

Erie Doctrine: Federal Common Law: IMPLIED RIGHT OF ACTION BAED ON K

A

For damages against FEDERAL officials for violating K rights.

66
Q

Exceptions to Diversity Jurisdiction

A

Federal cts. GENERALLY will not exercise diversity jurisdiction over domestic relations OR probate proceedings.

67
Q

Multiparty, Multiforum Trial Jurisdiction Act (MMTIJA)

A

Applies to accidents in which AT LEAST 75 pp have died from a SINGLE ACCIDENT at a discrete location.
→ ONLY 1 P MUST be diverse from ONLY 1 D.
→ Intervention permitted.

68
Q

MMTJA: Other Conditions

A

Only requires 1 P diverse from 1 D AND ONE OTHER FROM THE FOLLOWING:
· 1 D MUST reside in a different state from the place where a substantial party of the accident took place;
· Any 2 Ds MUST reside in different states; OR
· Substantial parts of the accident MUST have taken place in different states.

69
Q

Federal Question (FQ)

A

Original jurisdiction over ALL civil actions arising under K law.

70
Q

FQ: GENERAL

A

· FQ MUST appear as part of the P’s cause of action (COA) as set out in a WELL-PLEADED COMPLAINT.
· Defense based on federal law WILL NOT create FQ.
· NO amt. in controversy requirement.
· Can be IMPLIED federal right of action
→ T4: NOT ESSENTIAL that the federal statute expressly provide for a civil COA for a violation.

71
Q

Federal Corporations & FQ

A

FQ does NOT arise merely from a corporate party incorporated by an act of Congress UNELSS the US owns MORE THAN 50% of the corporation’s stock.

72
Q

FQ: Pendent CLAIM Jurisdiction

A

DISCRETIONARY supplemental jurisdiction over STATE CLAIMS if the claims derive from a CNOOF (common nucleus of operative facts.

73
Q

FQ: Pendent PARTY Jurisdiction

A

Can arise from the CNOOF.

74
Q

FQ: Specific Statutory Grants of Jurisdiction

A

Cases involving:
1) Bankruptcy;
2) Patent & copyright;
3) Involving US
4) Involving foreign states removed from state courts to federal courts;
5) USPS;
6) IRS; and/or
7) Security Exchange Act.

75
Q

3-2-1

A

Art.3, §2, Clause 1
→ Establishes FQJ

76
Q

FQ: COA Test

A

1) FQ is a SUBTANTIAL ONE (serious dispute);
2) FQ is serious and important enough to warrant pursuing the claim in federal ct.; AND
3) Are fed. cts. OVERWHELMED w/ a workload BEYOND what Congress INTENDED

77
Q

Venue

A

Relates to the proper district in which to bring the action.
→ Question of geography rather than power of authority
→ MAY be WAIVED; OR
→ MAY be TRANSFERRED by Court for convenience or by parties if all agree.

78
Q

Venue: General Rules

A

Venue in the fed. cts. is proper in:
· Judicial district (JD) where ANY D resides IF all Ds reside in the same state;
· JD where a substantial party of the events or omissions giving rise to the claims occurred OR a substantial party of the property subject to the action; OR
· JD where ANY D is subject to PJ w/ respect to the action.

79
Q

Venue: Residence: INDIVIDUALS

A

Resides in the JD in which he is DOMICILED.
→ INCLUDES an alien LAWFULLY admitted for permanent residence.

80
Q

Venue: Residence: BUSINESS ENTITIES

A

Any JD in which it is subject to the court’s PJ w/ respect to the action in question.

81
Q

Venue: Residence: NONRESIDENT OF THE US

A

May be sued in any JD.
→ Disregarded when joinder w/ respect to other Ds.

82
Q

Improper Original Venue

A

Court MUST DISMISS OR TRANSFERRED to the proper venue in the interests of justice.
· Transfer is MORE appropriate UNLESS EXTRAORDINARY circumstances.

83
Q

Venue: Transfer: APPLICABLE LAW

A

Was original venue proper?
→ YES = Apply law of the venue to which the case was originally assigned.
→ NO = Apply law of the venue to which the case shall be transferred.

MEE & MBE (12 decks)

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