Civ Pro

Question 1

Federal Question Jurisdiction

Answer 1

Claim arises under federal law, must be shown on the face of well-pleaded complaint

Question 2

Diversity Jurisdiction

Answer 2

Citizens of different states on opposite sides of the v and amount exceeds 75k

Question 3

Minimal Diversity

Answer 3

1. Federal Interpleader Act
2. Class actions with more than 5milliomm
3. interstate mass tort of at least 75 natural persons dead in one accident

Question 4

Citizenship of individual

Answer 4

Domicile - permanent residence

Question 5

Cit. of representative parties

Answer 5

1. generally citizenship of representative, except for litigation involving decedent estate or minor/incompetent

Question 6

Cit. of Corps.

Answer 6

Can have several citizenships

State of incorporation and priinciple place of biz

Question 7

Cit. of partnerhsip

Answer 7

Every state in which members are cit.

Applies to partnerships, limited partnerships, trade associations and unions.

Question 8

Actions to alter diversity

Answer 8

permitted so long as they are not shams

Question 9

Diversity Jurisdiction

Answer 9

AIC 75k; any good faith allegation

Can aggregate all claims against single defendant, regardless if related

Question 10

Removal

Answer 10

Takes case from state to federal court

Cannot remove if brought in state where any D is resident

Must remove within one-year of commencement of action, unless bad faith interference from P

Question 11

Transfer

Answer 11

moves case from federal court to another federal court

Question 12

Supplemental Jurisdiction

Answer 12

Federal court with subject matter j over additional claims if All claims relate to the same case or controsoversry

Arise out of the same common nucleaus of operative fact

In diversity cases with multiple defendants, very hard to use supp. jr.

Question 13

Compulsory counterclaim

Answer 13

arises out of same transaction or occurrence as the opposing party’s claim

Question 14

permissive counterclaim

Answer 14

does not arise out of same trnasaction or occurance

Must independently satisfy diverity jur. reqs.

Question 15

Cross-claim

Answer 15

arise out of same occurnace as action

Question 16

Personal Jurisdiction

Answer 16

1. Is there basis in long-arm statute

2. Is it permitted by COnst. due process

Question 17

Due Process

Answer 17

minimum contacts such that traditional notions of fair play and substantial justice are not offended.

Courts look to purposeful availment by D.

1. Minimum contacts and purposeful availment

Question 18

Waiver of Lack of PJ

Answer 18

1. Voluntary litigation on merits

Question 19

In personam jurisdiction

Answer 19

1. General - can assert any claim whatsover

2. Specific - must directly rise from or relate to contacts

Question 20

General In Personam

Answer 20

1. Physically within state
2. Domicile
3. Consent
4. Corporate home & incorporation

Question 21

Federal Interpleader Act

Answer 21

1. Authorizes nationwide service

2. Service any US establishs PJ

Question 22

Bulge Provision

Answer 22

Allows service anywhere within 100 miles of federal courthouse

1. For inpleading 3rd party D under R. 14
2. For joining neccesary parties under R 19

Question 23

quasi in rem

Answer 23

subject to same minimum contacts as PJ

Question 24

Personal Service of Process

Answer 24

In hand personal delivery
leaving at dwelling with person of sutiable age and idscretion
Delivery to an authorized agen
Registered return recipet for foreign countiries

Question 25

Venue

Answer 25

1. Where any D resides, if all D’s reside in same state
2. Where claim arose
3. where any D is subject to PJ

If case is removed, venue is automatically proper in district where state court sits

Question 26

Erie Doctrine

Answer 26

Follow state substantive law and federal procedural law