Civ Pro Flashcards
Civ Pro - PJ ROADMAP
1) Traditional Bases
2) Long-Arm
3) Due Process
- -General Jx
- -Specific Jx
- -Fairness
Civ Pro - PJ TRADITIONAL BASES
1) Domicile
- Human = physical presence and intent to remain
- -Corp = state(s) of incorporation and state of PPOB
2) Consent - explicit or by general appearance
3) Present and Personally Served - while voluntarily in the state for other than another court proceeding
4) In Rem - suit involves title to property w/in the state
Civ Pro - PJ - DUE PROCESS RULE
Any exercise of jx must be consistent w/ due process, which requires ∆ to have such minimum contacts with the forum that the exercise of PJ does not offend traditional notions of fair play and substantial justice.
Civ Pro - PJ - GENERAL JX
Where ∆’s contacts are systematic and continuous so as to render him essentially at home in the forum, the cause of action need not be related to the contacts w/ the forum.
Burnam - limited to state of incorporation and PPOB
Civ Pro - PJ - SPECIFIC JX
Requires contacts that reflect:
1) ∆’s purposeful availment of the privileges and benefits of the forum,
2) that it was foreseeable to ∆ that he would be haled into the forum ct, AND
3) that the claim or CoA arose out of such contacts.
Civ Pro - PJ - FAIRNESS FACTORS
1) Trial in the forum is not gravely difficult and inconvenient
2) Forum state’s interest in convenient relief
3) π’s interest in convenient relief
4) interstate judicial system’s interest in obtaining the most efficient resolution
5) shared interest of the several states in furthering fundamental substantive social policies
Civ Pro - SERVICE OF PROCESS
Any person 18+ and not a party may serve
Service is effectuated by:
1) personal service
2) service left at ∆’s usual abode w/ someone of suitable age and discretion residing there
3) according to state rule providing for service
4) by mail if ∆ accepts waiver of service
Civ Pro - SMJ - FEDERAL QUESTION
Claim or CoA arises under the US Constitution, federal law, or a treaty
**Must be pled in COMPLAINT, not defense*
Civ Pro - SMJ - DIVERSITY
1) Complete diversity of citizenship between πs and ∆s AND
2) An amount in controversy exceeding $75K
Civ Pro - SMJ - AGGREGATION
1) π can aggregate all claims against a single ∆
2) π can aggregate all claims against JSL ∆s
3) π cannot aggregate claims against non-JSL ∆s
4) Multiple πs cannot aggregate against a single ∆ UNLESS enforcing a single title or right in a common and undivided interest
5) can’t aggregate claim and counterclaim
Civ Pro - SMJ - SUPPLEMENTAL JX
A federal court may entertain a claim otherwise lacking SMJ if such claim shares a common nucleus of operative fact w/ a claim involving SMJ and any added party does not destroy diversity.
Civ Pro - VENUE ROADMAP
1) Is original venue proper?
2) Is proposed venue proper?
3) Is transfer proper?
Civ Pro - PROPER VENUE
Any district where:
1) At least one ∆ resides if all ∆’s reside in same state
2) A substantial part of the events giving rise to the COA occurred,
3) BUT if neither applies:
- - In diversity actions, where any ∆ would be subject to PJ if district were treated as a state
- -For FQ, where any ∆ may be found
Civ Pro - TRANSFER OF VENUE
Venue may be transferred to another district where the action might have been brought if the court finds it appropriate after balancing the relative conveniences of parties, witnesses, and evidence.
Civ Pro - FORUM NON CONVENIENS
PUBLIC FACTORS
1) Availability of alternative forum
2) π’s choice of forum
3) Forum’s interests
PRIVATE FACTORS
1) Convenience of parties and Ws
2) Location of evidence
3) Where CoA arose
Civ Pro - ERIE
In diversity cases, apply state substantive and federal procedural law.
1) If fed rule is on point, do state and fed on the issue conflict? If NO, use fed.
2) If YES - if fed rule is a statute or FRCP, was it properly enacted under REA? If YES, use fed.
3) If NO - is use of one rule over the other outcome determinative? If YES, substantive.
4) If NO - on balance, will use of fed rule so likely effect outcome that it would violate significant federalism or state sovereignty concerns? If YES, use state.
5) On balance, would failing to follow state law encourage forum shopping in fed ct? If NO, use fed.