Civil Procedure 1- 23 Flashcards
When does the California Superior Court have general subject matter jurisdiction?
Over ALL civil matters, as long as another court does not have exclusive jurisdiction.
Priority: Low
When does a Federal Court have subject matter jurisdiction?
If:
Federal Question jurisdiction exists;
Diversity of Citizenship among the parties; OR
Supplemental jurisdiction is present.
*Subject matter jurisdiction is NOT waived if a party fails to raise it at trial.
Priority: HIGH
When does Federal Question Jurisdiction exist?
When a Complaint alleges a claim that arises under:
Federal law;
The U.S. Constitution; OR
United States treaties.
*The plaintiff MUST be enforcing a federal right and the federal question of law must be present on the face of the Complaint.
Priority: HIGH
When does Diversity of Citizenship Jurisdiction exist?
When:
There is complete diversity of citizenship between all plaintiffs and defendants; AND
The amount in controversy exceeds $75,000.
*Diversity is determined at the time the action is commenced.
Priority: HIGH
What is the amount in controversy based on?
It is based on the damages alleged in good faith in the Complaint, unless it is legally certain that the plaintiff cannot recover the specified amount.
*A claim for injunctive relief is valued by either the benefit to the plaintiff OR the cost of compliance for the defendant.
Priority: HIGH
When may a federal court exercise Supplemental Jurisdiction over additional state court claims?
When they arise from the same “case or controversy.”
Generally, such claims must arise from a common nucleus of operative fact.
Priority: Medium
How is Supplemental Jurisdiction limited?
It CANNOT be used to overcome a lack of diversity.
There is NO jurisdiction over claims against third-parties.
The court maydecline to exercise it when:
The claim raises a novel/complex issue of law;
The claim substantially predominates over the claim(s) of which the District Court had original jurisdiction;
The Federal District Court has dismissed all claims it had original jurisdiction over; OR
In exceptional circumstances.
Priority: Medium
When must a federal court remand a case to a state court?
If there is no federal subject matter jurisdiction. They can also remand a case to a state court after the federal claims have been decided.
*A motion must be made within 30 days after the filing of the notice of removal.
Priority: Medium
Under the Domestic Relations Exception, when MUST federal courts decline jurisdiction?
When the case primarily involves domestic relations.
A court should NOT decline jurisdiction when domestic relations issues are ancillary to the case.
Priority: N/A
When may a defendant removea case to federal court?
When:
The federal court has subject matter jurisdiction;
All defendants agree;
No defendant is a resident of the forum state (for diversity cases only); AND
Removal is sought within 30 days (of either service of the Summons or receiving the initial pleading).
*A plaintiff CANNOT remove a case to federal court.
Priority: HIGH
What are the four Abstention Doctrines?
Pullman Doctrine(cases that arise from unsettled areas of state law).
Younger Doctrine(cases that would interfere with state judicial proceedings).
Colorado River Doctrine (when there are parallel state and federal litigations pending).
Burford Doctrine(only appropriate if federal adjudication would interfere with a state’s administration of a complex regulatory scheme).
Priority: N/A
What are the traditional bases of Personal Jurisdiction?
Domicile;
Transient jurisdiction (presence in the state when served);
Consent;
Waiver.
*The above grounds comport with the Constitutional requirements of due process.
Priority: HIGH
How is Personal Jurisdiction exerted over a non-resident defendant of the forum state?
The forum state must have a long arm statute; AND
The Constitutional requirements of due process must be met.
*Long-arm analysis requires: (1) the defendant have sufficient minimum contacts with the forum state; (2) so as not to offend traditional notions of fair play and substantial justice. BOTH prongs must be satisfied.
Priority: HIGH
What is the Constitutional Long-Arm Analysis?
Long-arm analysis requires:
D has sufficient Minimum Contactswith the forum state – either:
General Jurisdiction – contacts so substantial that D is essentially at home in the state; OR
Specific Jurisdiction – a connection between the forum state and underlying controversy.
Not offend traditional notions of Fair Play and Substantial Justice – it must be fair and reasonable for D to be sued in the forum state.
*BOTH prongs must be satisfied*
Priority: HIGH
In Federal Court, if the Summons and Complaint is NOT served upon the defendant within 90 days of filing, what must a court do?
Either:
Dismiss the action without prejudice against the defendant; OR
Order that service be made within a specified time.
*Service may be made by any person who is at least 18 years old and not a party to the action.
Priority: Low
