civ pro

Question 1

fed rule civil p.12(h)(3)

Answer 1

• at any point in litigation, if a federal court determines that it lacks subject-matter jurisdiction, it must dismiss the case
• if you mess up subject matter jurisdiction, you are at risk for having your case thrown out at any point - courts take this very seriouslyfed rule civil p.12(h)(3)

Question 2

federal subject matter jurisdiction

Answer 2

originates from
Article 3, Section 2 of Constitution

- fed jurisdiction is limited to cases
    - arising under fed law or involving the US or foreign states as parties
    - between diverse parties or,
    - involving admiralty of maritime jurisdiction

the claim must also fall within a specific provision of US statute including (4) sub catergories including federal question jurisdiction, diversity jurisdiction, 3 & 4

Question 3

federal question jurisdiction (deals with content of case)

Answer 3

• 28 US Code Section 1331
  • federal district courts “federal question jurisdiction extends to “civil actions arising under the Constitution, laws, or treaties of the United States”
  • to establish federal question jurisdiction, the plaintiffs cause of action - and not the defendants defense - must arise under federal law (Mottely)
    
    • looking to whether plaintiff cause of action is something created by law, fed statute, treaty etc,.

Question 4

diversity jurisdiction

Answer 4

• diversity jurisdiction (28 US 1332a)
  
  • federal courts diversity jurisdiction entends to civil actions
    
    • amount in controversy exceeds $75,000
    • that are between
      
      • citizens of different states (CODS)
      • citizens of a state or subjects of a foreign state or (COSSF)
      • a foreign state as a plaintiff and citizens of a state or states (FSP&COS)
    • for diversity jurisdiction purposes, a person is a citizen of a U.S state if (Redner case):
      
      • they are a citizen of a the US and
      • they are domiciled within the state in question
  • 28 US 1332c
    
    • corporation is a citizen of every US state and foreign state
      
      • where it has been incorporated and
      • where it has its principal place of business
        
        • principals place of business is “the place where a corporations officers direct, control and coordination corporations activities “nerve center”.

Question 5

personal jurisdiction

Answer 5

• a states personal jurisdiction over a defendant is established when the defendant: (in personam)
  • is domiciled within the state
  • is served while present within the state
  • has consented (explicitly or implicitly) to litigating in the states or
  • designates an agent to accept service of legal process within state

Question 6

personal jurisdiction long arm statutes

Answer 6

• long arm statutes (check state long arm statute to decide is ps is allowed)
  
  • two variety
    
    • enumerated
      
      • creates different categories of defendants allowed to be sued
    • constitutional limits
      
      • if constitution allows it, they will exercise jurisdiction

Question 7

court cases law - constitutional limits on personal jurisdiction

Answer 7

• general personal jurisdiction
  • can bring any claim because they are at home in that state
  • due process clause allows state courts to exercise general personal jurisdiction which is the power to adjudicate any claim - over defendants who are “essentially at home” in the state
    
    • defendants domiciled in state
    • corporate defendants incorporated in state
    • corporate defendant whose principal place of business is in the state
• specific personal jurisdiction
  • due process clause allows states to exercise; the power to adjudicate claims related to the defendants contacts with the courts territory over defendants who purposely avail themselves of the privilege of conducting activities in the state

Question 8

USC 1391(b)

Answer 8

28 USC 1391(b)

venue is proper for federal action if it is filed in:

- a judicial district in which a **defendants resides, if all defendants are residents of the State** in which the district is located
- a judicial district which a **substantial part of events** … giving rise to the claim occurred, or a **substantial part of property** that is the subject of the action is situated or
- if none of the above exist, “any judicial district in which any defendants is subject to the courts **personal jurisdiction**”

Question 9

1406(a)

Answer 9

1406(a)

if venue in a federal district court is “wrong” under the federal venue statutes
then the court shall

• dismiss the case or
• if its in the “interest of justice” then it shall tranfer the case to a federal district coirt where the case could have been brought

Question 10

1404(a)

Answer 10

1404 (a) → no option to dismiss

deals w venue

if its in the “interest of justice)
then a federal district court shall transfer case
- to federal district court where case could have been brought
- to any federal district court which all parties have consented

Question 11

test for interest of justice

Answer 11

to determine whether a transfer is in the “interest of justice” for either 1404a or the doctrine of forum non conveiens,

a fed court evaluaties

• private interest factors (eg access to evidence an witness)
• public interest factors (court congestion, local interest, whether a court is at home with the applicable law)

Question 12

FORUM Selection Clause: if there us a valid forum-selection clause

Answer 12

FORUM Selection Clause: if there us a valid forum-selection clause

then for purposes of 1404(a) or the doctrine of non conveiens

in all but the most unusal cases, the interest of justice is served by holdng parties to forum-selection clause