Civil Procedure

Question 1

Personal Jurisdiction

Answer 1

personal jurisdiction involves the power of court over a particular defendant

Question 2

Traditional Bases of Jurisdiction

Answer 2

court has jurisdiction over Def if any of 4 traditional bases of jur are met:

1. domicile (people=physically present & intent to remain/ Corp= PPOB & incorporation)
2. presence & service
3. express consent
4. in rem - location of property when dispute over title

Question 3

Long Arm Statute

Answer 3

for court to have juris over non-resident Def absent traditional bases, must be applicable long arm statute

if none mentioned- “I assume there’s a long arm statute & it permits jurisdiction over non-resident Def to furthest extent permitted under Constitution

Question 4

Due Process

Answer 4

any exercise of jurisdiction over non-res Def must comply w/ due process which requires sufficient minimum contacts & compliance w/ traditional notions of fair play & substantial justice

Question 5

Minimum Contacts

Answer 5

there are 2 types of minimum contacts - general & specific jurisdiction

Question 6

General Jurisdiction

Answer 6

is juris over any cause of action in the forum. Requires: 1) contacts that are so systematic & continuous 2) as to render Def essentially at home in the forum (domicile: PPOB & incorporation/ presence & intent to remain)

Question 7

Specific Jurisdiction

Answer 7

requires:
1) purposeful availment of privileges & benefits of forum;
2) foreseeability to Def that they would be hailed into forum court; &
3) claim/ cause of action arose out of def’s contacts w/ the forum

Question 8

Fairness

Answer 8

consider the following:

1) trial in the forum is not gravely difficult/ inconvenient
2) forum state interest in providing redress
3) P’s interest in convenient relief

Question 9

FRCP Notice & Service of Summons

Answer 9

any non party over 18 may serve. adequate if:

1) personal service
2) left at abode w/ someone of suitable age/ discretion
3) officer, managing agent, authorized agent of corp/ p-ship
4) as per statute

Question 10

CA Notice & Service of Summons

Answer 10

any non party over 18 may serve. adequate if:

1) personal service
2) substitute service: left at house w/ someone at least 18, informed of contents, & mailed copy
3) by mail if Def returns Ntc of Ack
4) IF out of state Def: certified mail & return receipt requested

Question 11

Subject Matter Jurisdiction

Answer 11

includes both federal and diversity jurisdiction

can be raised at anytime in process & appeal

Question 12

Federal Question

Answer 12

refers to whether the claim/ cause of action arises under constitution, fed law, or treaty

Question 13

Diversity Jurisdiction

Answer 13

requires:
1) complete diversity between Plaintiff & Def; and
2) amount in controversy of more than $75,000

Question 14

Complete Diversity

Answer 14

none of Plaintiffs are from same state as any Def based on domicile

complete diversity btwn alien & US resident, unless alien is LPR

Question 15

Aggregate

Answer 15

Plaintiff can aggregate all claims against a single def & all claims against jointly & severally liable Def’s BUT NOT separate claims against multiple Def’s

Multiple Def’s can’t aggregate claims against single def unless enforcing single title or right in common

Question 16

Supplemental Jurisdiction

Answer 16

Fed court can hear state claim arising out of same transaction or occurrence as fed claim UNLESS a statute in diversity case states otherwise

Question 17

Diversity Jurisdiction

Answer 17

claims joined by plaintiffs that don’t meet amount in controversy may invoke supp juris if arise from common nucleus of operative facts