Civ Pro Flashcards
Clearly Constitutional PJ =
Consent, Domiciled, Present when served
If not clearly constitutional PJ, then
Minimum Contacts Standard
Minimum Contact Standard
Purposeful Availment, Foreseeability that D could be pulled into court based on conduct in this state,
What follows the minimum contact standard analysis
General vs specific PJ
General vs. Specific PJ=
A defendant who is at home in a forum state can be sued there for a claim that arises anywhere in the world. If a D is not at home, they can only be sued there for a claim arising from contact with the forum. General = “Anywhere in the world.” Specific = Court may uphold claim even if D doesn’t have much contact with the forum depending on FAIRNESS
Fairness factors only used in specific PJ cases
Burden on Defendant/witnesses (gravely inconvenient, servere disadvantage) States interest (providing a forum for resolution) Plaintiffs interest = P injured and wants to sue at home
In Rem/ Quasi In Rem
Power is not over D herself but over D’s property in the forum
States do not have SMJ for the following subject matter areas
Patent infringement, Bankruptcy, Federal Securities and antitrust claims
Fed courts have limited SMJ for the follownig two types of cases:
Diversity of Citizenship
Federal Q cases
Diversity JX requires
Complete Diversity + Claim over 75K
Complete Diversity =
When Any P is not a citizen of the same state as any D
Rule for green card aliens and diversity
Diversity cannot be found when an alien is DOMICILED in the same state as the other party (although they may be able to sue under fed q jx)
Citizenship of a Corporation
Where its incorporated, or where it carries out its principle place of business (direct, coordinate and control)
Citizenship of UNINCORPORATED entity
Takes on the citizenship of all its members. Limited and general partners are both included in ascertaiing the associations citizenship
Aggregation in Diversity Claims (to meet 75k threshold)
All the claims of one party against one defendant may be aggregated. Claims can be unrelated and there is no limit on the number of claims that can be aggregated.
Federal Courts will decline to hear the following types of family cases
Alimony, Child Custody, Divorce, Probate
Federal Q JX
Enforcing a federal right
Supplemental JX Rule
A NON-federal, NON -diversity additional claim can be heard in Federal court if it arises out of the same CNOF unless
