Civil Procedure Flashcards
Personal Jurisdiction - Traditional Bases
A state may assert personal jurisdiction over a party where the defendant is (1) domiciled in the forum state, (2) consents to the federal courts personal jurisdiction, (which may be satisfied by appearing in court without objection, signing a choice of forum clause or appointing an agent to receive process) or (3) where a defendant is voluntarily physically present in a state and is served while present in a state.
Personal Jurisdiction - Nonresident Defendant
A state court may exercise personal jurisdiction over a nonresident defendant to the extent authorized by the state’s long arm statute and the Due Process Clause of the Fourteenth Amendment. The Due Process Clause of the Fourteenth Amendment allows states to assert personal jurisdiction over a nonresident if they have minimum contacts with the state such the maintenance of the suit would not offend traditional notions of fair play an substantial justice.
General Jurisdiction
A state/federal court may assert personal jurisdiction over a defendant if it engages in substantial business in a particular state. Business must be so significant that while the company is not incorporated or headquartered in the state, it is “essentially at home.”
Specific Jurisdiction
A state/federal court may assert personal jurisdiction over a nonresident defendant
(1) if a defendant has established minimum contacts with the forum state
(2) the claims against a defendant arise out of the contact and
(3) the the exercise of jurisdiction will not offend traditional notions of fair play and substantial justice or if the defendant does substantial business in the forum state.
A minimum contact is established if the defendant causes harm in the state, has an interest in real property in the forum state or purposely avails itself to the privilege of conducting activities within the state, by receiving the benefits and privileges of the states laws.
In order to consider whether asserting personal jurisdiction would offend traditional notions of fair play and substantial justice, the court considers (1) the burden on the defendant (2) the forum states interests (3) the plaintiffs interest in obtaining relief (4) the interstate judicial system’s interest in efficient resolution of controversies and (5)shared interest of states in furthering fundamental social policies.
Federal District Court and Personal Jurisdiction
A federal district court may exercise personal jurisdiction over a defendant to the same extent as the state in which the district court sits.
Federal Question
Federal district courts have original jurisdiction over all civil actions arising under the Constitution, laws and treaties of the United States. This is known as federal question jurisdiction.
A case arises under federal law if the federal question appears on a fair reading of a well-pleaded complaint. The federal question cannot arise in an anticipated defense nor can it arise in an answer.
A federal statute does not create a federal cause of action unless the statute also provides a remedy for the violation
Diversity Jurisdiction
Federal district courts have original jurisdiction over civil matters involving diverse parties to a litgation where the amount in controversy exceeds $75,000.
A suit where the amount in contrvery is exactly $75,000 does not mee the diversity jurisdiction requirement.
Diversity jurisdiction requires complete diversity, a dispute involving citizens of different states. Complete diversity need only be minimal in class actions where there are 100 or more putative class members and the amount in controversy exceeds $5,000,000.
Diversity must be met only at the time the suit is filed.
A party is considered to be a citizen of her state of domicile. Domicile requires physical presence in the state and the intent to remain in the state indefinitely. The intent to remain in a state cannot be conditioned upon the happening of a future event. A floating intention to return to a former home at some point does not defeat the establishment of a new domicile.
An individual is a citizen of his state of domicile.
A corporation is a citizen of both the state of its incorporation and the state where it has its principal place of business.
An Unincorporated associations such as a partnerships, limited partnerships or limited liability company’s are obtain the citizenship of all of the members of the associations.
In a class action, the citizenship of an unincorporated association is the state under whose laws organized it and the state where it has its principal place of business.
Supplemental Jurisdiction
Federal district courts with subject matter jurisdiction may exercise supplemental jurisdiction over additional civil claims in which the court would not ordinarily have jurisdiction, if they are so related to the original claims that they form part of the same case or controversy. Claims are so related that they form part of the same case or controversy if they arise under the same transaction or occurrence or common nucelus of operative facts
Where a federal district court’s subject matter jurisdiction is based soley in diversity, a plaintiff may not join claims against a nondiverse party.
A federal district court may decline to exercise supplemental jurisdiction if a claim raises a novel or complex issue of State law, if the claim substantially predominates over the claim or claims where the court has original jurisdiction, where the anchor claim was dismissed or where there are compelling reasons for declining jurisdiction.
Removal
A defendant may remove a case from state court to federal court if the plaintiff could have originally brought the case in federal court.
Counterclaims, cross claims, and impleader claims are not sufficient on their own to permit removal.
If the plaintiff’s suit is based on federal law, the defendant may have the case removed without a showing of diversity.
A case may not be removed to federal court under diversity jurisdiction where the defendant is a citizen of the forum state.
Venue
Venue dictates the region within a particular state where a suit can occur. The venue of an action is the federal court in which the action is filed.
Venue is proper in the district court where (1) any defendant resides if all of the defendants reside in the same state (2) in the district where a substantial portion of events or omissions giving rise to the claim occurred or (3) the district in which any defendant would be subject to personal jurisdiction, if there is not district in which he action could be brought. Venue is also proper where a party consents to the venue, consents to the personal jurisdiction or waives his objection by failing to raise it and where a substantial part of property that is subject to the action is situated.
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.
Transfer to a More Appropriate Forum
Under 28 USC 1404, the federal court may transfer a case to another federal district where the case could have been brought or where the parties consent , for the convenience of parties and witnesses and in the interest of justice.
Transfer from an Improper Forum
If a case is brought in an improper venue, a federal court must dismiss the case, or if it is in the interest of justice, must transfer the case to any district in which it could have been brought.
Motion for Summary Judgment
Under FRCP 56(a), a summary judgment motion may be granted if there is no genuine issue as to any material fact and the movant is entitled to judgement as a matter of law.
A summary judgment motion may be supported by depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.
The moving party must
Motion for Summary Judgment
Under FRCP 56(a), a summary judgment motion may be granted if the moving party can show that there is no genuine issue as to any material fact and the movant is entitled to judgement as a matter of law. The motion may be filed any time until 30 days after the close of discovery
A summary judgment motion may be supported by depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.
The moving party must produce evidence to show that there is no genuine issue as to any material fact. The burden then shifts to the nonmoving party who must produce evidence to show that there is a genuine issue of material fact. The motion will be viewed in the light most favorable to the nonmoving party.
Temporary Restraining Order
A temporary restraining order is a stop gap measure that lasts until the court decides whether or not to grant a preliminary injunction.
As such, TROs may be issued without notice to an adverse party if there are (1) specific facts proving irreparable injury loss or damage before the adverse party can be heard and (2) the movants attorney certifies in writing any efforts to give notice and the reasons why it should not be required.
TROs expire after 14 days of issuance and may be extended for an additional 14 days only upon a showing of good cause.
