CIV PRO FINAL

Question 1

Minimum Contacts Rule

Answer 1

The minimum contacts test requires that a court: (1) enumerate the defendant’s contacts with the forum and assess their nature/quality, (2) consider whether those contacts are related to the cause of action, and (3) determine whether the defendant has purposefully availed itself of the privileges and benefits of doing business in the forum state

Question 2

Minimum Contacts Case

Answer 2

International Shoe

Question 3

Order of PJ Analysis

Answer 3

Consent, Waiver, Service on D within the forum state [individuals only] or Assertion of Jurisdiction

Long-Arm Statute
Minimum Contacts
~Contacts
~Relatedness (GJ or SJ)
~Purposeful Availment
Fairness Factors

Question 4

PJ Rule #1

Answer 4

There are several ways that a court can exercise personal jurisdiction over a defendant consistent with due process, including: (1) consent by the defendant, (2) waiver of the defendant’s right to object to PJ, (3) service on the defendant within the forum state [individuals only], and (4) the assertion of jurisdiction, under a long-arm statute, over an out-of-state defendant, so long as the defendant has minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice

Question 5

General Jurisdiction Rule

Answer 5

A court could assert GJ when an individual defendant is (1) domiciled in the state ([physical presence and intent to remain]; OR (2) was served with process in the state

A court could assert GJ when a corporate defendant has contacts with the forum that are “so continuous and systematic as to render them essentially at home in the state.” This test is met both with respect to the state where the corporation is incorporated and the state where it has its principal place of business

Question 6

General Jurisdiction Corporations Case

Answer 6

Daimler

Question 7

Specific Jurisdiction Rule

Answer 7

Although it is likely that there is no general jurisdiction over ___, we must assess whether the court can assert specific jurisdiction over ___

First, we must determine whether the cause of action arose from ___ contacts, which is the necessary precondition of specific jurisdiction

Question 8

Purposeful Availment General Rule

Answer 8

Now, we must assess whether ___ purposely availed itself to the privileges and benefits of conducting business in [STATE]

Question 9

Purposeful Availment Case

Answer 9

Hanson

Question 10

Fairness Factors

Answer 10

Burden on the Defendant
~How difficult it would be for the defendant to defend the suit in the forum state?

Forum State’s Interest in Adjudicating the Dispute
~What is the forum state’s interest in exercising personal jurisdiction over the defendant?

Plaintiff’s Interest in Convenient and Effective Relief
~What is the P’s interest in litigating the case where it has been filed?

Interstate Judicial System’s Interest
~What is the interstate judicial system’s interest in having the court exercise personal jurisdiction over the defendant? Where are the witnesses? Where is the evidence? Where is the “center of gravity” of the case?

Shared Interest of the Several States in Furthering Substantive Social Policies
~Rarely invoked and somewhat uncertain
~Look to see if the case involves a foreign defendant

Question 11

Fairness Factors Cheat Code

Answer 11

BICEP

BURDEN, INTEREST, CONVENIENCE, EFFICIENT, POLICY

Question 12

If There is No PJ…

Answer 12

Go to a different state

Question 13

How Is Notice Achieved?

Answer 13

When you serve someone with process

Question 14

Notice Rule

Answer 14

4

Question 15

Process Consists Of

Answer 15

Summons and copy of the complaint

Question 16

Service Can Be Made By

Answer 16

Any non-party who is at least 18 years old

Question 17

Waiver of Service

Answer 17

P must use first class mail to send D both the complaint and a request for waiver of service [no summons is necessary]

If D signs and mails back to P within 30 days, D has waived formal service of process

Question 18

Mullane Standard

Answer 18

Notice must be reasonably calculated under all circumstances to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections

Question 19

Federal Courts Have Exclusive Jurisdiction Over

Answer 19

Admiralty
Patent
Trademark
Copyright
Some antitrust/securities

Question 20

If There Is No SMJ…

Answer 20

Go to a different court

Question 21

Types of Federal Subject Matter Jurisdiction

Answer 21

Federal Question Jurisdiction
Diversity Jurisdiction
Supplemental Jurisdiction

Question 22

Federal Question Jurisdiction Rule #

Answer 22

1331

Question 23

Diversity Jurisdiction Rule #

Answer 23

1332

Question 24

Supplemental Jurisdiction Rule #

Answer 24

1367

Question 25

Well-Pleaded Complaint Rule/Motley

Answer 25

P’s claim must appear on the face of his well-pleaded complaint. A cause of action must arise directly out of a question of constitutional or federal law. It is not enough to anticipate your adversary will raise a defense to your cause of action based on federal question. There must be a federal or constitutional issue which gives rise to P’s cause of action

Question 26

Removal - General

Answer 26

Grants right to remove to D only

State court to federal court

Only file a “notice of removal”

D can remove if the case could have been brought into federal court

Usual venue rules do not apply! Venue is proper in the judicial district that geographically encompasses the state court that the case is coming from

In-State Defendant Rule

Question 27

In-State Defendant Rule

Answer 27

In cases where SMJ is founded solely on diversity, a case cannot be removed if any of the served defendants “is a citizen of the State in which such action is brought”

A (NY) v. B (NJ) for a $400k tort claim; if it is filed in NJ, then it cannot be removed!

Question 28

Removal Must Include

Answer 28

Short and plain statement of the grounds for removal (basis for SMJ)

A copy of all process, pleadings, and orders served upon such defendant(s) in such action

Signed under Rule 11

Question 29

When Must D Remove?

Answer 29

D must remove within 30 days from the day they are served with process

All D’s who have been properly served must consent to the removal of the action

The 30-day time limit starts anew with the service of each D

If case couldn’t be removed when originally filed, but later becomes removable, D has 30 days to remove from the day D was aware it was removable

D cannot remove a case based solely on diversity more than 1 year after commencement of the action

D must promptly notify P and state court clerk by written notice after removing it to federal court