Civ Pro: Right Court

Question 1

Personal Jurisdiction

Answer 1

Court's Power over the PARTIES (PJ)
Can P sue D in this state?
1. Satisfy a statute, AND
2. Satisfy the Constitution 
** Same analysis in both state and fed court
(in personam, in rem, quasi in rem)

Question 2

In Personam Jurisdiction

Answer 2

P wants to impose a personal obligation on D

1. Statutory analysis: some states allow PJ over Ds who are (i) served with process in the state or (ii) are domiciled in the state, (iii) do certain things (commit a tortious act, conduct business) in the state. BUT most states say PJ is okay if it meets Constitutional test.
2. Constitutional analysis: Does D have “such minimum contacts with the forum jurisdiction does not offend traditional notions of fair play and substantial justice?”

Question 3

Constitutional Test: Contact- Relatedness- Fairness

Contact

Answer 3

There must be a relevant contact between D and the forum state. Two factors:

1. Contact must result from purposeful availment (voluntary act).
2. Foreseeability (that D would get sued in this state)

Question 4

Constitutional Test: Contact- Relatedness- Fairness

Relatedness

Answer 4

Relatedness between this contact and P’s claim. Does P’s claim arise from D’s contact with the forum? If yes – Specific PJ
If No–then Juris. ok ONLY if the court has general PJ (D must have continuous and systematic ties with the forum so that D is “essentially at home” in that forum.

Question 5

General Personal Jurisdiction

Answer 5

D must have continuos and systematic ties with the forum so that D is “essentially at home” in that forum. (where domicile). Business= where formed and where it has principal place of business.

Question 6

Constitutional Test: Contact- Relatedness- Fairness

Fairness

Answer 6

Whether the jurisdiction would be fair or reasonable under the circumstances.

1. Convenience: unconstitutionality is tough to show. so basically if you can travel its fine
2. State’s interest–forum for its citizens
3. P’s interest –maybe injured and wants to sue at home

Question 7

Subject Matter Jurisdiction

Answer 7

Court’s power over the Case –SMJ

In what court in that state can P sue D: State or Fed.

Question 8

What kinds of cases can Fed Court hear?

Answer 8

(1) Diversity of citizenship
(2) Federal question

will NOT hear issues of divorce, alimony, or child custody decree or to probate an estate

Question 9

SMJ: Diversity of Citizenship

Answer 9

1. Case is either (a) between citizens of different states or (b) between a citizen of a state and citizen of a foreign country. AND
2. amount in controversy exceeds 75K

Question 10

Citizen of a state

Answer 10

State of her domicile: (1) presence in state AND (2) intent to make it to her permanent home.

Question 11

Corporation citizen

Answer 11

Citizenship – citizenship equals: (1) state where incorporated AND (2) state where it has its principal place of business (PPB).

Question 12

Citizenship of Unincorporated Association

Answer 12

Use citizenship of all members (that includes general and limited partners).

Question 13

Decedents, Minors, or Incompetents

Answer 13

Use their citizenship not the citizenship of the person representing them in litigation.

Question 14

Amount in controversy - aggregation

Answer 14

add two or more claims to meet the amount required (one P suing one D though)

Question 15

Equitable Relief

Answer 15

P sues D for an injunction or something for a blocked view
Two tests– if either is met, most courts say its ok:
1. P’s view: does the claim decrease the value of P’s property more than 75K
2. D;s view: would it cost D more than 75K to comply with injunction

Question 16

SMJ: Federal Question Cases

Answer 16

Complaint must show a RIGHT or INTEREST founded substantially on a FED LAW. The P’s claim itself must arise under fed law. Is P enforcing a fed right.

Question 17

Supplemental Jurisdiction: When a claim doesn’t meet FQ or Diversity–how can you get it into the case with your other claim?

Answer 17

Can’t use it to get a case into fed court–must be a claim you’re trying to add to a case already in fed court.
Test: The claim must share a “common nucleus of operative fact” with the claim that invoked federal subject matter jurisdiction. Always met by claims that arise from the same transaction or occurrence.
Limitation: in a diversity case, P CANNOT use SJ to overcome lack of diversity. Can use to overcome diversity for FQ case. and to overcome lack of amount.

Question 18

A non-federal, non-diversity claim can be heard in federal court if it meets the test UNLESS it is:

Answer 18

a. Asserted by a P
b. In a diversity of citizenship (not FQ) case AND
c. Is against a citizen of the same state as the P.

Question 19

Court has discretion to refuse supplemental jurisdiction if:

Answer 19

(1) the federal question is dismissed early in the proceedings; or (2) the state law claim is complex, or (3) state law issues would predominate

Question 20

Removal

Answer 20

D sued in state court might be able to remove the case to fed court within 30 DAYS of SERVICE of the first paper that shows the case is removable.
ALL Ds must join in removal. 30 days start anew with a service to D-2.

Question 21

What cases can be removed?

Answer 21

GR: Any case that meets the requirements for diversity of citizenship or federal question.
2 exceptions:
1. NO REMOVAL if ANY D is a citizen of the forum (instate D rule) AND
2. NO REMOVAL more than ONE YEAR after the case was filed in state court.

Question 22

Erie Doctrine

Answer 22

A federal ct. in a diversity case must decide an issue. In diversity cases, fed court must apply state substantive law.
Ask: if there a fed law that directly conflicts? if so apply fed law as long as valid.
If no fed law ask if its: (i) elements of a claim of defense, (ii) SoL, (iii) Rules for tolling SoL, and (iv) Conflict of law rules. – Substantive apply state.

Question 23

If No fed law and not one of easy ones– then what?

Answer 23

If substantive –apply state law. Three tests:
1. Outcome determinative: would applying or ignoring the state rule affect the outcome of case? If so, it’s probably a substantive rule, so should use state law.
2. Balance of interests: does either fed or state system have strong interest in having its rule approach
3. Avoid forum shopping.
Apply all and flip coin lol

Question 24

Venue

Answer 24

Which fed court. P is suing in fed court and wants to lay venue in proper district.
P may lay venue in any district where:
(i) all Ds reside* OR
(ii) a substantial part of the claim arose

• Special rule: if all Ds reside in different districts of the same state.

Question 25

Transfer of Venue

Answer 25

A fed district court may transfer the case to another fed district court. IT can only transfer to a district where case COULD HAVE BEEN FILED– to a proper venue that has PJ over D.
exception—can transfer to any district if all parties consent and the court finds cause for the transfer

Question 26

Factors for transfer

Answer 26

Public: thing like what law applies, what community should be burdened with jury service, keeping local controversy in local court
Private: convenience
* transferee court applies the same choice of law rules the original court would.

Question 27

Forum Non Conveniens

Answer 27

There is another court that is the center of gravity that just makes more sense than the present court. But here, the court does not transfer to that other court. it can dismiss or stay the case.