Civil Procedure

Question 1

Original Jurisdiction

Answer 1

The type of jurisdiction a federal court has over a claim for which subject-matter exists.

Question 2

Federal Question Jurisdiction

Answer 2

Type of subject-matter jurisdiction a federal court has over a claim that arises under federal law.

Question 3

Well-pleaded Complaint

Answer 3

The rule under which the existence of federal question jurisdiction in an action is determined by examining whether a federal issue is present on the face of the plaintiff’s original complaint.

Question 4

Supplemental Jurisdiction

Answer 4

Type of jurisdiction a federal court with original jurisdiction over at least one claim in an action may have over certain other claims in the same action for which no original jurisdiction exists.

Question 5

Removal Jurisdiction

Answer 5

Type of jurisdiction a federal court may have over a claim, where the defendant is afforded the opportunity to overturn plaintiff’s choice of state court forum, where the state court action initially could have been filed in federal court because it contains a claim over which the federal court has original jurisdiction.

Question 6

General Jurisdiction

Answer 6

Type of personal jurisdiction a state may have over a defendant in which the defendant is subject to suit in that state on any cause of action, irrespective of whether there is a connection between the defendant’s activities or contacts in the state and the cause of action.

Question 7

Specific Jurisdiction

Answer 7

Type of personal jurisdiction a forum state may have over a defendant where:
1. defendant’s activities or contacts in the state gave rise to the cause of action at issue
2. defendant has minimum contacts with that state, and
3. exercise of jurisdiction is supported by the due process standard of reasonableness

Question 8

Stream of Commerce

Answer 8

In context of PJ, type of case where link between defendant and forum state is not direct abut instead is created through a distribution chain of a product the defendant sold or distributed with connection to consumers in the forum state.

Question 9

Transfer

Answer 9

Act of a court handing over a particular claim to another court in a district where venue lies over the claim.

Question 10

To issue enforceable orders in an action, a court must have both:

Answer 10

1. Subject-matter jurisdiction over the claims in the action
2. Personal jurisdiction over the parties to the action.

Question 11

3 broad categories of federal court SMJ are original jurisdiction, _____________, and removal jurisdiction.

Answer 11

Supplemental Jurisdiction

Question 12

The lack of _________ can be raised at any point in the proceeding and cannot be waived, even if the defendant fails to raise it as a defense or in a motion to dismiss.

Answer 12

Subject-Matter Jurisdiction

Question 13

Federal Question Jurisdiction may exist over a plaintiff’s claim created by state law if the state law claim requires the resolution of __________ within the elements of the plaintiff’s prima facie case.

Answer 13

A substantial question of federal law.

Question 14

A court has diversity SMJ over a state law claim if two requirements are met:

Answer 14

1. Complete diversity between the adverse parties, AND
2. Amount in controversy exceeds $75,000

Question 15

Complete diversity among all adverse parties to an action exists when every defendant is ______

Answer 15

a citizen of a different state from every plaintiff.

Question 16

A corporation is considered a citizen of the state or states where it is incorporated as well as the one state where ___________

Answer 16

Its principle place of business is located.

Question 17

A person’s domicile is the state where the person both physically resides and ______

Answer 17

Intends to remain indefinitely.

Question 18

For alienage jurisdiction to apply to allow diversity to exist over a claim between parties who are a citizen of the U.S. and citizens of a foreign country - 2 requirements:

Answer 18

1. Foreign citizens must be lawful permanent residents of the U.S.
2. Foreign citizens must be domiciled in a different state than the U.S. citizen

Question 19

Mandatory disclosures

Answer 19

Certain documentation and information that a party must provide to the other parties in the action within 14 days after a discovery planning conference without awaiting a discovery request.