Civ Pro Flashcards
Personal jurisdiction definition
Ability of court to exercise SMJ over a particular person or property
Personal jurisdiction requirements
Must be
1) Authorized by statute (long arm
(2) Constitutional
- Minimum contacts
- Notice
Three types of personal jurisdiction
(1) In personam - power over particular person
(2) Quasi in rem - determine rights of particular persons over a specific property
(3) In Rem - Adjudicate all rights against a person no matter where they are in the world over a piece of property
In Personam jurisdiction granted how
(1) In the state and served notice
(2) Domiciled in forum state
(3) D is a citizen
(4) Consents to jurisdiction
(5) D’s acts bring him within long arm statute
In Personam constitutional limits
Must have
(1) Minimum contact
(2) relatedness (specific or general jurisdiction)
(3) fairness - “does not offend traditional notions of fair play and substantial justice”
(4) notice
In Personam - Minimum contact test
“Purposefully availabled herself”
If stream of commerce or internet issue - personal jurisdiction over D if there is some intent to serve/target a particular state with his product or internet service
In Personam - Specific vs. general jurisdiction
General jurisdiction - court has jurisdiction over D irrespective of the claim.
Specific jurisdiction - court has jurisdiction over D due to the claim.
In Personam - How is notice satisified
(1) serve on D or D’s agent
(2) If multiple D’s - the best available method. But if mail returned unclaimed, cannot rely on service if other practical means available
How is in rem jurisdiction satisfied?
property being in the state is enough - serve notice to the property owner
How is quasi in rem jursidiction satisified?
Minimum contacts required whether dispute is between the parties over property or dispute is between parties regardless of property
Diversity Jurisdiction requirements
(1) Must be complete diversity
(2) No P can be citizen of same state as any D
(3) Amount in controversy must exceed $75,000
Alienage Jurisdiction requirements
US Citizen vs. Alien - OK
US Citizen vs. Permanent resident of same state as P - NOT OK
Alien vs. Alien - NOT OK
Alien co. (PPB) + also citizen of US state (Inc.) vs. Alien - NOT OK
Citizenship of Individual
Permanent home TO WHICH he intends to return
Citizenship of corporation
Citizen of
(1) every state in which incorporated and
(2) one PPB
Citizenship of unincorporated association (Partnership)
Citizen of
each state which any member is a citizen (limited and general)
Citizenship of Class Actions
Citizen of all named members who are suing
Supplemental Jurisdiction
Other claims in a diversity action that would not otherwise have diversity AND be based on a fed question can still be heard by the court if the claims arise from a “common nucleus of operative fact”
Joinder or additional parties
Parties relationship or claim MUST invoke diversity or fed jurisdiction to be added.
IF it doesn’t, court MAY invoke supplemental jurisdiction if common nucleus test satisfied.
However, if original claim is based on diversity, then supplemental jurisdiction cannot be used for joinder of additional parties when
(1) P vs. impleaded/intervening parties - must be independent basis
Cross claims allowed and do they affect jurisdiction?
Cross claims allowed
If no diversity or fed question - must satisfy supplemental jurisdiction test
What can be added to make the $75,000
(1) Aggregation of separate claims against a single D
(2) Aggregation of separate claims against multiple D’s if D’s are jointly liable to P
(3) Punitive damages
(4) Attorney’s fees
What can’t be added to make the $75,000
(1) Interest and costs
(2) Separate claims against one D
(3) Collateral consequences of the judgment (right to future installments on disability policy)
(4) Counterclaims
Do counterclaims need their own jurisdictional basis?
NO, UNLESS they are completely independent from the claim, then must have their own fed question or diversity. Growing case law that supplemental jurisdiction can apply if related to the same facts at least.
Who can remove to fed court?
ONLY THE DEFENDANT - watch for tricks where P wants to remove
If Diversity is applied, what procedural and substantive law does the fed court apply?
Procedural - fed court
Substantive - state court
What is considered substantive?
Statute of limitations Rules for tolling Choice of law rules Elements of a claim or defense Anything satisifying one of the three tests
What is considered procedural?
Everything that is not the four considered procedural - court will use three tests to determine if substantive or procedural
What are the three tests court uses to determine if an action is substantive or procedural?
(1) Outcome determination test
(2) Balance of interest test
(3) Forum shopping deterrence
Outcome determinitve test
issue is substantive if it clearly affects the outcome
Balance of interest test
if state has greater interest, it’s substantive
Forum shopping deterrence
if failing to apply state law would increase litigation in fed court, it’s substantive
What if a state statute combines procedure and substance
Split it up
Conflicts in timing between hearing a case in fed court and state law modifying the law
Appeals review de novo. Therefore, if high state court renders a decision that is contrary now to the trial court outcome, decision of the trial court may be changed to conform to new decision up until final disposition of the final appeal.
Does fed common law exist?
Yes - fed courts can fill in the gaps of fed law when interpreting - look at what the state does or what a majority of the states do
Multi party Uniform Act
At least 75 people died, allowed to have minimal diversity (one P different than one D), and
(1) One D must reside in different state from where accident took place
(2) any two D’s must reside in different states
(3) substantial part of accident took place in different states
Federal question jurisdiction arises when…
Civil action arising under constitution, laws, or US treaties AND pleaded in compliant. D’s defenses based on fed law DO NOT give rise to fed jurisdiction
Supplemental Jurisdiction restriction
P has both fed and state claims - fed court has discretion to exercise supplemental jurisdiction
If it exercises to hear both claims, and fed claim dismissed, fed court can still hear the state law claim on its own
What is venue
Relates to proper district in which to bring an action
When is venue proper
(1) Judicial district where any D resides, if all D’s in same state. IF NOT in same state, then cannot be where any D resides - must be where the claim occurred.
(2) Substantial parts of events or omissions occurred
(3) Substantial part of property
(4) If 1-3 not satisified - any jurisdiciton that has personal jurisdiction over D
Venue for individuals and permanent residence
Where he is domiciled
