Civil Procedure Flashcards
Two ways to have subject matter jurisdiction
diversity or federal question
The following is needed for diversity
Each party needs to reside in different states (plaintiff v. defendant). Residence means legal domicile which is where you are and have intent to remain. Corporations reside where they are incorporated or where they have their PPB. At least 75,000 amount in controversy.
The following is needed for federal questions
Plaintiffs suit has to be based off federal law or a federal matter.
Personal jurisdiction means
having jurisdiction over the individual parties
Courts will always have personal jurisdiction if party:
o Resides in the state where the case is being tried
o If physically present and accept service/process
o Consent to be sued (clause in a K)
If it is an out of state party, for courts to have PJ, you need:
o Sufficient minimum contacts
o If doing business, it’s when your activities in the state are systematic and continuous OR you purposely avail yourself of the laws of the state
Only the ____ can remove a case
defendant
Removal is when
a case is filed in state court and someone is trying to remove it to federal court
Venue is proper wherever ___ OR where ____
wherever the D resides OR where a substantial part of the events took place
If neither of these is present, venue is proper _____
where defendant is reachable
Service of process is
the proper manner to serve someone the complaint
Service of process needs to provide ____
adequate notice (reasonably likely to inform the party)
Accepted forms of service:
- Personal service – nonparty who is over 18 has to do the service
- First class mail as long as D returns acknowledgements form
- Corp- individual of sufficiently high placement
- Can’t serve an individual at place of business if they aren’t there
