Civil Procedure

Question 1

What is Subject Matter Jurisdiction?

Answer 1

a court’s competence to hear and determine cases of general class and subject which proceedings in question belong

Question 2

what does federal question jurisdiction mean?

Answer 2

district courts have original jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the U.S.

Question 3

do state courts and federal courts have concurrent jurisdiction of federal question claims (unless Congress expressly provides that the jurisdiction of the federal courts is exclusive)?

Answer 3

yes

Question 4

what is express federal question jurisdiction?

Answer 4

exists if the cause of action in question is expressly created by federal law and federal law provides the underlying right

Question 5

what is implied federal question jurisdiction?

Answer 5

when the federal question is likely to be found if the right is created by federal law, and the cause of action can be fairly imled and was intended by Congress

Question 6

if there is not express or implied federal question jurisdiction, what must the complain have?

Answer 6

the complaint must involve a state claim that is (1) necessarily raised; (2) actually disputed; (3) substantial; and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress

Question 7

what is the well-pleaded complaint rule?

Answer 7

federal question exists only when the federal issue is presented on the face of the complaint (plaintiff’s complaint–NOT defenses, answers, or counterclaims)

Question 8

what is diversity jurisdiction?

Answer 8

federal courts have jurisdiction when
1. parties are citizens of different states or citizens of a state and citizens of a foreign state, and
2. the amount in controversy exceeds $75k

Question 9

what is complete diversity?

Answer 9

no P is a citizen of the same state or foreign coutnry as any D

Question 10

what is the citizenship of an individual?

Answer 10

the individual’s domicile–state where they are present and intend to reside indefinitely (determined at commencement of action)

Question 11

what is a corporation’s citizenship?

Answer 11

principal place of business (“nerve center”) and state of incorporation

Question 12

what is the standard of proof for the amount in controversy requirement for diversity jurisdiction?

Answer 12

plaintiff’s good-faith assertion in the complaint is sufficient

Question 13

when can claims be aggregated for the amount in controversy RE: diversity jurisdiction?

Answer 13

• single P against single D
• multiple Ps with a common/undivided interest

Question 14

how does amount in controversy work RE: permissive counterclaims and compulsory counterclaims?

Answer 14

• permissive counterclaims: must meet the jurisdictional amount requirement
• compulsory counterclaims: does not need to meet the jurisdictional amount requirements.

Question 15

how does supplemental jurisdiction work?

Answer 15

a federal court with jurisdiction may exercise supplemental jurisdiction over additional claims which the court would not independently have subject matter jurisdiction over, but that arise out of a “common nucleus of operative fact” such that all claims should be tried in a single judicial proceeding

Question 16

when is supplemental jurisdiction over a federal question claim allowed?

Answer 16

additional claims against the same party can be heard through supplemental jurisdiction if the common nucleus of operational fact test is met

Question 17

when is permissive joinder allowed supplemental jurisdiction under diversity jurisdiction

Answer 17

allowed so long as the addition of a plaintiff asserting the additional claim cannot violate the complete diversity rule (and is not required to satisfy the jurisdictional amount)

Question 18

when is a counterclaim allowed under supplemental jurisdiction for diversity jurisdiction cases

Answer 18

compulsory counterclaims do not need to satisfy the jurisdictional amount, but permissive counterlcaims must satisfy both diversity jurisdiction requirements (citizenship and amount in controversy)

Question 19

when can cross-claims be given supplemental jurisdiction in diversity jurisdiction cases

Answer 19

cross-claims may be asserted by a defendant against another defendant or by a plaintiff against another plaintiff if the cross claim arises out fo the same transaction or occurrence as the intiitla claim; no amount in controversy or citizenship requirement if the court has Subject Matter Jurisdiction over the original complaint

Question 20

when does a federal court have removal jurisdiction?

Answer 20

a defendant may generally remove a case from a state court to a federal district court having subjectmatter jurisdiction–removal must be to the district court for the district and division in which the state court action is pending; and removal to the wrong district court is subject to a motion for remand (or transfer to the proper federal court)

Question 21

how is the determination for removal jurisdiction made?

Answer 21

generally, the right to remove is determined by the pleadings filed when notice to remove is filed
* for diversity jurisdiction–diversity must exist at the time of filing of the original actions as well as at the time that notice fo removal is filed, unless (1) the party preventing diversity is dismissed; or (2) the non-diverse party against whom P has no colorable claim was fraudulently joined to defeat diversity

Question 22

what wrinkle does diversity jurisdiction add to removal claims?

Answer 22

in a removal claim based solely on diversity jurisdiction, the claim may be removed only if no D is a citizen of the state in which the action was filed

Question 23

if a federal question claim is joined with claims that aren’t independently removable, can the entire case be removed?

Answer 23

yes

Question 24

what are the notice requirements for removal?

Answer 24

• D must filed notice within 30 days after receipt by or service on the D of the initial pleading
• for federal question claims–only Ds against whom the federal claim is filed must consent/join in the removal
• for removal based on diversity jurisdiction–removal cannot occur more than one year after the action is commenced unless teh P acted in bad faith)

Question 25

how does remand work for removal jurisdiction?

Answer 25

• lack of subject matter jurisdiction as a basis for remand can be raised at any time before final judgment is rendered
• motion to remand for any defect other than subject matter jurisdiction must be within 30 days after filing of notice of removal

Question 26

what are the three types of personal jurisdiction

Answer 26

in personam, in rem, and quasi-in-rem

Question 27

what are the four bases for in personam jurisdiction

Answer 27

1. voluntary
2. domicile
3. consent
4. long-arm statute
5. attachment of property

Question 28

how do you satisfy due process requirements for in personam jurisdiction

Answer 28

due process requirements are satisfied if the nonresident D has certain minimum contacts with the forum state such that the maintenance of the action does not offend traditional notioins of fair play and substantial justice

Question 29

what are the ways to get minimum contacts for personal jurisdiction

Answer 29

• purposeful availment (such that D could reasonably anticipate being called into court there;
• specific jurisdiction–i.e. cause of action arises out of D’s contact with forum state; or
• imputed contracts (i.e. partnerships, corporations, and employees/agents)

Question 30

what is the fair play and substantial justice requirements for personal jurisdiction

Answer 30

once minimum contacts are established, a court must still examine the facts to determine if maintenance fo the action would “offend traditional notions of fair play and subnstantial justice.” factors include:
* interest in the forum state in adjudicating the matter;
* burden on defendant of appearing in the case;
* interest of the judicial system in efficient resolution of controversies; and
* shared interests of the states in promoting common social policies