Civ Pro

Question 1

Lack of personal jurisdiction

Answer 1

CAN be waived, but only if raised at the first opportunity or it is waived. If defendant chooses to file a pre-enter motion to dismiss, must make the objection then or waive it, or if the defendant does not file a pre-answer motion, must be raised in the answer.

Question 2

In Rem Jurisdiction:

Answer 2

suit against any kind of property, real or personal (the res) so long as the property is located in the state where you are suing, and it can settle everyone in the world’s claim against that property (i.e., the state has physical power over the property).

Question 3

Quasi in Rem:

Answer 3

suit to adjudicate the claim to property of a particular defendant or defendant; the subject matter of the suit may or may not be related to the property. Subject to the same minimum contacts as in personal jurisdiction.

Question 4

Diversity Jurisdiction

Answer 4

Court has diversity jurisdiction over a matter if no plaintiff shares the state of citizenship of any defendant and the amount in controversy in the case exceeds $75,000.

This is a form of Subject Matter Jurisdiction

Diversity jurisdiction exists for controversies between a citizen (or citizens) of a state & a citizen (or citizens) of a foreign country.

A citizen of a foreign country who has been admitted to the United States as a permanent resident is treated as a citizen of the state in which domiciled.

Question 5

Is Subject Matter Jurisdiction Waivable?

Answer 5

Fuck No

The defense of lack of SMJ can be raised at ANY TIME throughout the litigation b/c it is not waivable

The court can raise the issue of lack of SMJ