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Civ Pro Flashcards

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1
Q

What are the two steps in the personal jurisdiction analysis?

A
  1. Satisfy a state statute AND

2. Satisfy the constitution.

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2
Q

What is the requirement for constitutional analysis of personal jurisdiction?

A

“Such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.

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3
Q

What are clear cases where there is personal jurisdiction?

A

Domiciled in the forum.
Consents to PJ
Is voluntarily present in the forum when served with process.

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4
Q

What are the factors to be considered where there is not a clear case of personal jurisdiction?

A 
- CONTACT
Purposeful availment
Foreseeability 
- RELATEDNESS
 General v. Specific 
- FAIRNESS
 Only in specific jurisdiction
 Burden/convenience
 State's interest
 P's interest
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5
Q

How is contact assessed for the purposes of PJ?

A
  1. The contact must result from purposeful availment: it must be D’s voluntary act.
  2. Foreseeability: It must be foreseeable that D could get sued in this forum.
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6
Q

How is relatedness assessed for the purposes of PJ?

A

The P’s claim must arise from D’s contact with the forum.

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7
Q

What is specific personal jurisdiction?

A

Where the P’s claim arises from D’s contact with the forum, even if the D doesn’t have much contact with the forum. (D is not domiciled in the forum.)

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8
Q

What is required for general personal jurisdiction?

A

The D must be “at home,” which is in the state in which someone is domiciled.

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9
Q

Where is a corporation domiciled?

A
  1. Where incorporated.

2. Where it has principle place of business.

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10
Q

What are the requirements for “fairness” of personal jurisdiction?

A

Burden on D and witnesses.
State’s interest in providing a courtroom for it’s citizens.
Plaintiff’s interest.

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11
Q

What does the D have to prove in order to show it would be unfair to have a different forum than the one requested by P?

A

D must show that it will put him and his witnesses at a severe disadvantage in the litigation.

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12
Q

Is the relative wealth of either party determinable in a fairness question?

A

No.

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13
Q

In what kind of cases is fairness a factor?

A

Only in specific personal jurisdiction cases.

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14
Q

What are in rem and quasi in rem jurisdiction?

A

Power is not over D himself, but over D’s property in the forum. Must be attached by the court at the outset of the case. But to be constitutional, D’s contacts w/ the forum must meet the constitutional test applied in in personam.

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15
Q

What is the basic question being covered by subject matter jurisdiction?

A

Whether the court hearing the case has jurisdiction.

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16
Q

What kinds of cases can a state court hear?

A

Any, just about. Exceptions are: patent infringement, bankruptcy, some federal securities, and anti-trust claims.

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17
Q

What are the two main types of cases that a federal court can hear?

A

Diversity of citizenship.

Federal question

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18
Q

What are the two requirements for Diversity of Citizenship and Alienage cases?

A
  1. The case is either (a) between citizens of different states or (b) between a citizen of a state and a citizen of a foreign country.
  2. The amount in controversy exceeds $75,000.
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19
Q

What is the complete diversity rule?

A

No diversity if ANY P is a citizen of the same state as ANY D.

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20
Q

What is the rule if the alien has permanent citizenship and is domiciled in the same state as the opposing party?

A

If that is the case, then there is no diversity.

21
Q

In how many places can a person be domiciled?

A

Only one.

22
Q

How can a person establish a new domicile?

A
  1. Physical presence there AND
  2. The intent to make that your new permanent home.
    Intent looks at all relevant factors: ex taking a job, buying a house, joining civic organizations, registering to vote, qualifying for in state tuition.
23
Q

In how many places can a corporation be domiciled, and what are they?

A

Two.

  1. The state or country where incorporated AND
  2. The state or country of its principal place of business.
24
Q

In how many places can an unincorporated association (partnership or LLC) be domiciled, and what are they?

A

Same as the citizenship of ALL its members. (E.g. if LLC has partners in 25 states, then domiciled in all 25 of those states.) Incorporation or principal place of business DO NOT matter for this.

25
Q

If dealing with a situation with a decedent, minor, or incompetent where a representative is used, whose domicile matters? The rep or the one he is representing?

A

The decedent, minor, or incompetent.

26
Q

How much does the amount in controversy have to be for subject matter jurisdiction?

A

$75,000. Must EXCEED. On the nose is not enough.

27
Q

If a P sues for more than $75K but ultimately only wins $10K, is there still SMJ?

A

Yes. Only matters that $75K was a possible award. What is actually won only matters for purposes of who will have to pay for the costs. If less than $75, then P may have to pay D’s costs.

28
Q

What does aggregation mean?

A

Adding two or more claims to meet the amount required.

MUST be asserted by a single P to a single D.

29
Q

If joint tortfeasors, does the number of parties matter for purposes of aggregation?

A

No.

30
Q

What kinds of cases are always excluded from federal courts, even if other elements for SMJ are met?

A

Divorce
Alimony
Child custody
To probate an estate

31
Q

What has to be present for a federal question case?

A

The claim in P’s complaint must arise under a federal law.
Citizenship or amount in controversy is NOT important.
Main question is whether the P is enforcing a federal right.

32
Q

Once a claim is in federal court, do we have to test every single additional claim for federal SMJ?

A

Yes. Every single claim in federal court must have federal SMJ; if it doesn’t, it cannot be asserted in the pending case in federal court.

33
Q

What can the federal court invoke if additional claims do not satisfy diversity of citizenship or federal question?

A

The court can invoke supplemental jurisdiction.

34
Q

How can you get supplemental jurisdiction?

A
  1. The test: The claim arises from the same transaction or occurrence.
  2. The limitation: In a diversity case, plaintiff cannot use supplemental jurisdiction to overcome lack of diversity.
35
Q

What is removal?

A

Transfers the case from a state trial court to a federal trial court.

36
Q

If removal was improper, what may the federal court do?

A

They may remand it back to state court.

37
Q

When must removal be done by?

A

Within 30 days of service (not filing) of the first paper that shows the case is removable. (Usually w/in 30 days of service of process.

38
Q

Who must join in the removal?

A

All D’s who have been served with process. (If haven’t been served then do not have to join.

39
Q

What cases can be removed?

A

Any case that meets the requirements for diversity or federal question.

40
Q

What are the two big exceptions to what cases can be removed?

A
  1. No removal if D is a citizen of the forum (the instate D rule) AND
  2. No removal if more than one year after the case was filed in state court.
41
Q

If a case is being removed for federal question rules, does the diversity of the parties matter?

A

No. Can be removed for federal question no matter the diversity of citizenship.

42
Q

What is the process for removal?

A

Do not have to get permission from the federal or state courts; just do it.
D has to file a “notice of removal” in federal court, stating the grounds of removal–which means federal SMJ (either diversity or FQ)
D attaches all documents that were served on her in state action and serves a copy of the “notice of removal” on adverse parties, then files a copy of the notice of removal in state court.

43
Q

If P thinks that removal was improper for some reason other than lack of SMJ, then how long does she have to move to remand?

A

30 days after a notice of removal was filed.

44
Q

If P thinks that removal was improper because the federal court does not have SMJ, when can she move to remand?

A

At ANY time.

45
Q

How does the Erie Doctrine work?

A

Step 1: Ask if there is some federal law on point that directly conflicts with state law. If so, that law is applied, as long as it is valid. Based on the Supremacy Clause.
Step 2: If there is no federal law on point, then the federal judge must apply state law if the issue is determined to be “substantive.”
Step 3: If no federal law on point and the issue is not one of the four clearly substantive issues, then the federal judge will determine whether the issue is substantive.

46
Q

What are four issues that are clearly “substantive” with regards to the Erie Doctrine?

A
  1. Elements of a claim or defense.
  2. Statute of limitations
  3. Rules for tolling statutes.
  4. Conflict (or choice) of law rules.
47
Q

What are the basic choices for where P may lay venue?

A

Any district where

  • all defendants reside (if all D’s reside in different districts of the same state, then can lay venue in the district where any of the D’s reside)
  • a substantial part of the claim arose
48
Q

Where do D’s reside for venue purposes?

A

In the district where they are domiciled, if it is a person.
Corporations reside in ALL districts where it is subject to PJ.

Bar Review (8 decks)

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