Civil Procedure Flashcards
Personal Jurisdiction
personal jurisdiction involves the power of court over a particular defendant
Traditional Bases of Jurisdiction
court has jurisdiction over Def if any of 4 traditional bases of jur are met:
- domicile (people=physically present & intent to remain/ Corp= PPOB & incorporation)
- presence & service
- express consent
- in rem - location of property when dispute over title
Long Arm Statute
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
Due Process
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
Minimum Contacts
there are 2 types of minimum contacts - general & specific jurisdiction
General Jurisdiction
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)
Specific Jurisdiction
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
Fairness
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
FRCP Notice & Service of Summons
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
CA Notice & Service of Summons
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
Subject Matter Jurisdiction
includes both federal and diversity jurisdiction
can be raised at anytime in process & appeal
Federal Question
refers to whether the claim/ cause of action arises under constitution, fed law, or treaty
Diversity Jurisdiction
requires:
1) complete diversity between Plaintiff & Def; and
2) amount in controversy of more than $75,000
Complete Diversity
none of Plaintiffs are from same state as any Def based on domicile
complete diversity btwn alien & US resident, unless alien is LPR
Aggregate
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
Supplemental Jurisdiction
Fed court can hear state claim arising out of same transaction or occurrence as fed claim UNLESS a statute in diversity case states otherwise
Diversity Jurisdiction
claims joined by plaintiffs that don’t meet amount in controversy may invoke supp juris if arise from common nucleus of operative facts
