Civil Flashcards
if the case takes place in federal court how should you start the essay?
Federal district courts may exercise personal jurisdiction to the same extent as the courts of general
jurisdiction of the state in which the district court sits.”
If the issue is specific jurisdiction, state:
“State courts of general jurisdiction may exercise personal
jurisdiction over “nonresident defendants to the extent”authorized by both the state’s “long-arm statute and the Due Process Clause of the Fourteenth”Amendment of the U.S. Constitution.”
If the issue is specific jurisdiction, state:
Then state: “
“The Due Process Clause of the Fourteenth Amendment permits states to assert personal jurisdiction over nonresident defendants who have established minimum contacts with the state such that the exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice.”
Look for :
“purposeful availment” of the benefits and protections of the state. Then, examine the quality of the contacts with the state.
First category of federal jurisdiction—federal-question jurisdiction:
The federal question must appear on the face of the plaintiff’s well-plead complaint. It cannot appear in the answer. Further, the plaintiff cannot merely anticipate a federal defense in its complaint. (On the MEE, this has virtually always been tested with personal jurisdiction. And, the issue has always been the well-plead complaint rule!)
Second category of federal jurisdiction—diversity jurisdiction:
Cases may be brought under diversity jurisdiction only if two requirements are met: (1) there must be complete diversity of citizenship between the plaintiffs and defendants, and (2) the amount in controversy must be over $75,000.00. Note that “complete diversity” is not required for class actions; rather, minimal diversity suffices.
MEE note:
Many essays focus on where a person is domiciled. Remember, a person is domiciled “where it is her permanent home, a place where the person intends to remain indefinitely, and the place to which the person intends to return when temporarily absent.” A corporation is domiciled both where it is incorporated and where its principal place of business is located.
§ Note:look to see where the party is domiciled at the time the lawsuit is filed.
Third category of federal jurisdiction—supplemental jurisdiction:
This is an issue when there is a jurisdictional basis for one claim but not the other (e.g., a plaintiff brings a federal question claim and tacks on a related state claim). Remember that a plaintiff cannot use supplemental jurisdiction to add a claim against a nondiverse party if the sole basis for SMJ is diversity.
A note on removal under 1441:
Defendants (but not plaintiffs) may remove an action from state court to the federal court that geographically embraces it if the plaintiff could have initially brought the case in federal court. Generally, if the plaintiff could not have brought the case in federal court, then the defendant cannot remove it either.
Venue is proper in a district where :
(1) any defendant resides if all defendants reside in the same state, (2) in a district where a substantial part of the events or omissions giving rise to the claim occurred, or (3) a substantial part of property that is subject to the action is situated. (There are also narrow fallback rules which, so far, have not been emphasized on the MEE.)
A corporate defendant is deemed to reside in :
any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. To figure out where a corporate defendant resides, divide the state into districts (if it has more than one district) and see if the defendant would be subject to personal jurisdiction in any of those districts.
Transfer to a more appropriate forum:
Under Title 28, U.S.C. §1404 (2011), the federal court has authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice. The new forum must have subject-matter jurisdiction and personal jurisdiction. The court will apply the law of the transferor forum. A motion to transfer to a more appropriate forum should be denied if the case could not have been filed there to begin with. (Note: This is different than “transfer to a proper venue” where a case is filed in the wrong venue, and, if transferred, the law of the transferee court would apply. Transfer to a proper venue has not been tested on the
Summary Judgement :
Federal Rule of Civil Procedure 56(a) allows a summary judgment motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.” Note that “a motion for summary judgment may be supported by depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials
How does summary judgement work :
The moving party must produce evidence to show there is no genuine issue of material fact. The burden then shifts to the nonmoving party, which must then produce evidence to show that there is a genuine issue of material fact for trial. The motion is looked at in the light most favorable to the nonmoving party.
TROs:
TRO can be issued without notice to the adverse party (but only in limited circumstances and for a limited time). To secure a TRO without notice, the plaintiff needs to show a risk of “immediate and irreparable injury.” The TRO lasts only long enough for the court to consider and resolve a request, but not longer than 14 days (unless the court extends it for good cause or the adverse party consents to an extension). TROs are considered to be stopgap measures and last until the court decides whether to grant a preliminary injunction.
