Civ Pro Bar Flashcards
The two step analysis to satisfy PJ
1) satisfy a state statute AND
2) satisfy the Constitituion (Due process)
(same analysis for state/fed filing)
PJ is clearly constitutional if D is….
1) domiciled in the forum or
2) consents or
3) is voluntarily present in the forum when served with process
PJ - Contact must result from ‘purposeful availmenet (D’s voluntary act; D reaches out to the forum; D targets the forum — D made $ in forum, used the roads, sent a tortious e-mail there, marketed a product there) AND it must be FORESEEABLE that D could get sued in forum
If contact satisfied then analyze RELATEDNESS between contact and P’s claim.
Does P’s contact arise from Def contact with forum
Specific PJ is
where the claim arises from D’s contact with the forum
General PJ is
where the claim does not arise from D’s contacts with the forum. To have general PJ D must be at home in the forum. D is at home where domiciled.
D can be sued for at home in the forum for a claim that arose anywhere in the world (General PJ)
Corporation is always at home where
(1) where incorporated and
2 where it has its principle place of business
PJ - after ‘contact’ and relatedness analyzed, then analyze ‘FAIRNESS’…. Fairness is only assessed in a specific PJ case
1) Look at burden on D and witnesses. Forum OK unless D can show puts him at sever disadvantage in litigation (difficult burden)
2) state’s interest in hearing the suit (always relevant if P is citizen of forum)
3) plaintiff’s interest (may want to sue at home)
summary of constitutional test:
1) Contact (purposeful availment & foreseeability
2) Relatedness (General v. specific)
3) Fairness for Specific only (Burden/convenience; state’s interest; P’s interest)
In rem and quasi in rem jurisdiction
power is over D’s property in the forum. D’s contact with forum must still meet constitutional test.
Subject Matter Juris SMJ is court’s power over the case
!
State courts can hear any kind of case, they have General SMJ
Bolivia citizen v. australia citizen re car crash in China allowed.
State’s can’t hear cases arising under fed laws - patents, bankruptcy, antitrust.
Diversity of Citizenship in Fed Court requires
1) case is either (a) between citizens o diff states or (b) between a citizen of a state and citizen of a foreign country (alienage) AND
2) amount in connivery exceeds $75k.
Alien for purpose of Diversity…
Green card alien that is domiciled in US is an alien.
A statute prohibits alienage in fact pattern where P (AZ) sues D (a green card alien domiciled in AZ)
If party is US Citizen domiciled overseas = NOT an alien (P US Cit living in Japan = not alien b/c P US Citizen)
Hot to establish a New Domicile….
Physical presence there AND the intent to make that your permanent home
(intent = taking a job, buying a house, joining civic organization)
Citizenship of Corporation includes
1) State or County where Incorporated AND
2) State or Country of its principle place of business
Citizenship of an unincorporated association (partnership or LLC) is the citizenship of all its members
LLC partnership has partners in 18 states = citizenship of all 18 states.
Amount must be greater than $75,000.01.
Cannot count interest on the claim, but sometimes might be able to recover interest as the claim.
A P who wins less than $75k may have to pay D’s litigation costs. notable b/c usually the winner recovers her costs from the loser.
Aggregation = adding two or more claims to meet the amount requirement.
Even if claims totally factually unrelated. Aggregate. No limit on number of claims that can be aggregated.
For joint claims, use the total value of the claim. P sues joint tortfeasors X, Y, Z for $75,000.01 = allowed.
Equitable Releif. P sues D for injunction.
If either from P viewpoint or D viewpoint is over $75k, then test is met.
P decrease in value is $75k. D’s cost to comply with injunction $75k.
Fed courts will not hear certain types of cases
Divorce, alimiony, child custody, and probate an estate.
FEderal Q cases
Ask if the P enforcing a federal right? P’s claim itself must arise under federal law. Look at P’s claim and ignore other material P alleged.
Supplemental Juris. gets non-federal, non-diversity claims into Fed Court, if the case itself is already in fed court b/c it invoked diversity or FQ.
2 step test (1) Claim we want into Fed court must share a ‘common nucleus of operative fact’ with the claim that invoked fed SMJ. Test is met when claim arises from same transaction or occurrence as the underlying case.
(2) the limitation - certain claims cannot invoke supplemental even if they meet the test.
Limitation = In a diversity case, P cannot use supplemental juries to overcome a lack of diversity.
Summary of Supplemental: a non fed, non diversity claim can be heard in fed court if it meets the test unless….
the claim is asserted by a P…… in a diversity of citizenship case… and asserted against a citizen of the same state as P.
REMOVAL. D sued in state court may be able to remove case to fed court.
D must remove within 30 days of service (not filing) of the first paper that shows case is removable. (30 days of service of process).
All D’s served with process smust join the removal.
P Can never remove