Civ Pro Flashcards
Federal Question Jurisdiction
Claim arises under federal law, must be shown on the face of well-pleaded complaint
Diversity Jurisdiction
Citizens of different states on opposite sides of the v and amount exceeds 75k
Minimal Diversity
- Federal Interpleader Act
- Class actions with more than 5milliomm
- interstate mass tort of at least 75 natural persons dead in one accident
Citizenship of individual
Domicile - permanent residence
Cit. of representative parties
- generally citizenship of representative, except for litigation involving decedent estate or minor/incompetent
Cit. of Corps.
Can have several citizenships
State of incorporation and priinciple place of biz
Cit. of partnerhsip
Every state in which members are cit.
Applies to partnerships, limited partnerships, trade associations and unions.
Actions to alter diversity
permitted so long as they are not shams
Diversity Jurisdiction
AIC 75k; any good faith allegation
Can aggregate all claims against single defendant, regardless if related
Removal
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
Transfer
moves case from federal court to another federal court
Supplemental Jurisdiction
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.
Compulsory counterclaim
arises out of same transaction or occurrence as the opposing party’s claim
permissive counterclaim
does not arise out of same trnasaction or occurance
Must independently satisfy diverity jur. reqs.
Cross-claim
arise out of same occurnace as action
Personal Jurisdiction
- Is there basis in long-arm statute
2. Is it permitted by COnst. due process
Due Process
minimum contacts such that traditional notions of fair play and substantial justice are not offended.
Courts look to purposeful availment by D.
- Minimum contacts and purposeful availment
Waiver of Lack of PJ
- Voluntary litigation on merits
In personam jurisdiction
- General - can assert any claim whatsover
2. Specific - must directly rise from or relate to contacts
General In Personam
- Physically within state
- Domicile
- Consent
- Corporate home & incorporation
Federal Interpleader Act
- Authorizes nationwide service
2. Service any US establishs PJ
Bulge Provision
Allows service anywhere within 100 miles of federal courthouse
- For inpleading 3rd party D under R. 14
- For joining neccesary parties under R 19
quasi in rem
subject to same minimum contacts as PJ
Personal Service of Process
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
Venue
- Where any D resides, if all D’s reside in same state
- Where claim arose
- where any D is subject to PJ
If case is removed, venue is automatically proper in district where state court sits
Erie Doctrine
Follow state substantive law and federal procedural law
