Civil Procedure

Question 1

RULE STATEMENT

Personal Jurisdiction

Answer 1

Personal jurisdiction relates to the court’s authority over the parties. Generally, the court automatically has power over plaintiff because, in filing the case in a particular court, plaintiff has consented to personal jurisdiction in that court. To determine if there is personal jurisdiction over the defendant, courts consider whether defendant has sufficient contacts with the forum state such that the exercise of personal jurisdiction does not offend the traditional notions of fair play and substantial justice.

Question 2

TOPIC REVIEW

What are the two (2) requirements (authorizations) for a court to exercise personal jurisdiction over the parties?

Answer 2

Statutory Authorization. There must be a state statute authorizing a federal court to exercise personal jurisdiction
Constitutional Authorization. The exercise of personal jurisdiction must be constitutional.

Question 3

TOPIC REVIEW

What are the four (4) different types of statutory authorizations for personal jurisdiction?

MNEMONIC: CLPD

Answer 3

1. Consent
2. Long-Arm Statute
3. Presence
4. Domicile

Question 4

TOPIC REVIEW

What are the three (3) requirements of the constitutional authorization for the exercise of personal jurisdiciton?

Answer 4

1. Contacts. The defendant must have sufficient minimum contacts with the forum state such that the exercise of jurisdiction is fair and reasaonble.
2. Relatedness. The plaintiff’s claim must be related to teh defendant’s contact with the forum state.
3. Reasonableness / Fairness. The exercise of personal jurisdiction must be fair so as not to offend the traditional notions of fair play and substantial justice.

Question 5

TOPIC REVIEW

What are the two (2) requirements to establish a defendant’s minimum contacts with the forum state?

Answer 5

1. Purposeful Availment. The defendant must have purposefully availed itself to the benefits and protections of the forum state.
2. Foreseeability. The defendant must know or have reasonably anticipated that its activities in the forum state render it foreseeable that it may be ahled into court in the forum state.

Question 6

TOPIC REVIEW

What are the five (5) factors for determining whetehr the exercise of personal jurisdiction is reasonable or fair?

Answer 6

1. Burden on the Defendant
2. Plaintiff’s Interest
3. State’s Intereste
4. Social Policy
5. Judicial Efficiency

Question 7

RULE STATEMENT

Test for Valid Exercise of Personal Jurisdiction

Answer 7

A valid exercise of personal jurisdiction over the defendant requires minimum contacts, relatedness, and reasonableness.

Question 8

RULE STATEMENT

Subject Matter Jurisdiction

Answer 8

Subject matter jurisdiction relates to the court’s authority over the controversy. Subject matter jurisdiction arises where plaintiff’s claim raises an issue of federal law (Federal Question Jurisdiction) or the dispute arises between citizens or different states or countries (Diversity Jurisdiction).

Question 9

RULE STATEMENT

Federal Question Jurisdiction

Answer 9

Federal courts are empowered to hear cases arising under federal law. The federal issue must appear in plaintiff’s well-pleaded complaint and cannot arise in a defense based on or in anticipation of a federal law.

Question 10

TOPIC REVIEW

What are the two (2) elements of diversity jurisdiction?

Answer 10

1. Complete Diversity
2. Amount-in-Controversy Exceeds $75,000

Question 11

TOPIC REVIEW

Explain the different situations for aggregation of claims in a diversity case.

Answer 11

Generally, one plaintiff may aggregate multiple, unrelated claims brought against one defendant to meet the amount-in-controvery requirement for diversity cases.

Plaintiff v. Defendant + UNRELATED CLAIMS = AGGREGATION PERMITTED
Plaintiff 1 & 2 v. Defendant = AGGREGATION PROHIBITED
Plaintiff 1 & 2 v. Defendant 1 & 2 = AGGREGATION PROHIBITED

Question 12

RULE STATEMENT

Supplemental Jurisdiction

Answer 12

Where plaintiff has both federal question and state law claims, the federal court must have original subject matter jurisdiction over one claim and has discretion to exercise supplemental jurisdiction over the state claims.

Question 13

TOPIC REVIEW

What are the two (2) requirements for a court to exercise supplemental jurisdiction?

Answer 13

1. Common Nucleus of Operative Facts. The state “supplemental” claim arises from a common nucleus of operative facts as the federal question claim.
2. Tried in One Proceeding. The separate claims would ordinarily be tried in one proceeding.

Question 14

TOPIC REVIEW

What are the limitations for the exercise of supplemental jurisdiction in diversity cases?

Answer 14

In diversity cases, claims by plaintiffs generally cannot invoke supplemental jurisdiction unless there are multiple plaintiffs, and the claim by one of them does not meet the amount in controversy requirement.

Question 15

TOPIC REVIEW

What are the requirements for removal of a case from state court into federal court?

Answer 15

1. Defendant Removes
2. Federal SMJ
3. Notice to Adverse Parties

Question 16

TOPIC REVIEW

How long does defendant have to remove a case into federal court?

Answer 16

30 DAYS. The defendant must remove no later than 30 days after service of the first paper that shows the case is removable.