Civ Pro I

Question 1

Territorial Jurisdiction

Answer 1

Territorial jurisdiction is the court’s ability to exercise authority over the parties, corporations, or property and hold them to its judgments and orders.

Question 2

Types of Territorial Jurisdiction

Answer 2

In Personam, In Rem, Quasi-In Rem

Question 3

In Personam

Answer 3

Court’s jurisdiction based on the defendant’s relationship with the forum state.

Question 4

In Rem

Answer 4

The court’s jurisdiction over property in the forum state

Question 5

Quasi-In Rem

Answer 5

The court’s jurisdiction over a piece of property used to enforce a judgment over a person or corporation.

Question 6

Traditional Bases of Territorial Jurisdiction

Answer 6

Domicile, Presence, Consent, Waiver

Question 7

Domicile

Answer 7

A person is domiciled at the forum state where they live and intend to remain indefinitely. A corporation is domiciled in (1) the state they are incorporated or (2) their principal place of business.

Question 8

Presence

Answer 8

Service of process is served on the defendant while he or she is physically present at the forum state out of his or her own volition.

Question 9

Consent

Answer 9

Consent is expressed when the defendant consents to territorial jurisdiction by appearance, registration, “choice of forum contract” or they do not object it on their answer.

Consent is implied when the defendant consents to the benefits and protections of the forum state.

Question 10

Waiver

Answer 10

Territorial jurisdiction can be waived if the defendant does not object to it. A person can make a special appearance for the sole purpose of contesting territorial jurisdiction.

Question 11

State Long Arm Statute

Answer 11

State Long Arm Statute is the court’s ability to hale into court a non-resident defendant and hold them to its judgments and orders. The contacts must be relevant, related, fair and reasonable.

A state long arm statute requires that the defendant (1) have such minimum contacts with the forum (2) where general and specific jurisdiction is present, and (3) the exercise of territorial jurisdiction does not offend the traditional notions of fair play and substantial justice.

Question 12

Limited v. Unlimited Long Arm Statute

Answer 12

A limited long arm statute pertains only to certain enumerated causes of action such as torts, contracts, property, and merital dissolution.

An unlimited long arm statute grants jurisdiction to the fullest extent as allowed by the constitution and Due Process Clause.

Question 13

Minimum Contacts

Answer 13

Minimum contacts are based on the defendant’s relationship with the forum state to determine if they purposefully availed themselves to the forum such that it would be foreseeable for them to be haled into court there.

Question 14

Purposeful Availment

Answer 14

The defendant purposefully availed himself to the benefits and protections of the forum state.

Question 15

Foreseeability

Answer 15

The defendant should have known or reasonably should have known that based on its activities within the forum state they could get called into court there.

Question 16

General Jurisdiction

Answer 16

The defendant has systematic and continuous activities within the forum where he or she is essentially considered “at home”

Question 17

Specific Jurisdiction

Answer 17

The cause of action arose directly out of the defendant’s activities within the forum state.

Question 18

Factors Determining Fairness

Answer 18

(1) the burden on the defendant
(2) the plaintiff’s interest in relief
(3) the state’s interest in adjudicating
(4) the judicial system’s interest in obtaining relief
(5) several state’s shared interest in furthering social policy

Question 19

Notice

Answer 19

Due process requires that notice be reasonably calculated under all circumstances to apprise the interested parties of the pendency of the action and afford them an opportunity to present their objections.

Service of process must be served within 90 days of the complaint being filed by any person who is over the age of 18 and not a party to the action.

Question 20

Subject Matter Jurisdiction

Answer 20

Authorizes the court to exercise authority based on the nature of the dispute.

Question 21

SMJ: State Courts

Answer 21

Courts of general jurisdiction meaning than can hear cases and controversies of any subject unless it is of limited jurisdiction such as family, probate, traffic or small claims.

Question 22

SMJ: Full Faith And Credit Clause

Answer 22

A state court of general jurisdiction can hear disputes arising out of the laws of another state. In this case, state courts can apply their own procedural law even though the cause of action arose under the laws of a different state.

Question 23

SMJ: Federal Courts

Answer 23

Courts of limited jurisdiction meaning they can only hear cases and controversies that arise under federal question, diversity jurisdiction, supplemental jurisdiction, and removal.

Question 24

SMJ: Federal Question

Answer 24

Applies when a plaintiff alleges in their cause of action a substantial right founded in federal common law, federal constitutional law, federal administrative law, federal statues, or treaties.

Question 25

SMJ: Diversity Jurisdiction

Answer 25

Federal court has subject matter jurisdiction over controversies between citizens of different states, even if no federal question is involved. The amount in controversy must exceed $75k and complete diversity must exist.

Question 26

SMJ: Amount in Controversy

Answer 26

Under diversity jurisdiction, the amount in controversy must be met, which is in excess of $75k. A claim in good faith that the damages exceed the required amount must be made.

Question 27

SMJ: Complete Diversity

Answer 27

Exists when no plaintiff shares the state citizenship of any defendant. If any plaintiff shares state citizenship as any defendant, there is no complete diversity. Diversity is based on citizenship of litigants and not merely their residency or where they are from.

A natural person is domiciled where they intend to remain indefinitely. A corporation is a citizen of every state they are incorporated and its principal place of business.

Question 28

SMJ: Supplemental Jurisdiction

Answer 28

An extension of diversity jurisdiction and federal question that allows a plaintiff who does not meet the requirement of $75k to be heard in federal court, at the courts discretion, if they share a common nucleus of operative facts with a plaintiff who does meet the diversity or federal question requirements.

Question 29

SMJ: Aggregation

Answer 29

A party may aggregate the value of their damage to meet the amount in controversy.

Question 30

SMJ: Removal

Answer 30

A defendant can remove a state court case to federal court if the federal court had original jurisdiction. If the defendant is domiciled in the state court in which the case was brought, the case cannot be removed.