Civil Procedure

Question 1

Diversity Jurisdiction

Answer 1

Fed Courts have diversity jurisdiction where the amount in controversy exceeds $75K and involves citizens domiciled in different states.

Full Faith & Credit: Under the U.S. Constitution, state courts are required to give full faith and credit to the judgments of other states. State courts are likewise required to treat federal judgments as those judgments would be treated by the federal courts. A party against whom enforcement of a judgment is sought may collaterally challenge the original state judgment based on lack of subject matter jurisdiction, only if the jurisdictional issues were not litigated or waived in the original action.

Question 2

Fed Question Jurisdiction

Answer 2

Fed courts have original jurisdiction over civil actions that ARISE UNDER the Consitution or federal laws or treaties. The federal question MUST be apparent in a fair reading of the complaint. A federal question in a state claim is not sufficient for federal question jurisdiction.

Question 3

Citizenship for Diversity Purposes

Answer 3

Human begins are domiciled in the state where they live and plan to remain indefinitely.

A corporation is a citizen of the state where it is incorporated and where it has its principal place of business

An unincorporated association is a citizen of all jurisdictions where members of the association are citizens

Question 4

Venue

Answer 4

The venue is the region within a particular state where the suit can be brought, It is dedicated by the residency of the defendants, the location of events giving rise to the suit, or where at least one of the defendants is subject to personal jurisdiction. If the defendants reside in multiple states, the venue will be the location of harm.

Question 5

Personal Jurisdiction

Answer 5

Personal Jurisdiction exists if a party has a presence in the state, consents to the jurisdiction, has continuous contact with the state, or if the claim arises out of the person’s presence in the state. A person is present if they are domiciled and intended to be so indefinitely. A person can expressly consent to personal jurisdiction. A person that regularly visits or engages in business activity in the state can be subject to personal jurisdiction. Additionally, a long-arm statute can be used to establish personal jurisdiction over out-of-state citizens if that person conducts business in the state such that they have minimum contacts with in the state.

Question 6

Supplemental Jurisdiction

Answer 6

allows a federal court with subject matter jurisdiction over a case to hear additional claims over
which the court would not independently have jurisdiction if all of the claims constitute the same case or controversy (i.e., if they arise out of the same common nucleus of operative fact)

Question 7

Specific Jurisdiction

Question 8

Motion for Summary Judgement

Answer 8

A motion for summary judgment should be granted if the pleadings, discovery, and disclosure materials on file, and any affidavits
show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
A genuine issue of material fact exists when a reasonable jury could return a verdict in favor of the non-moving party. In ruling
on a motion for summary judgment, the court is to construe all evidence in the light most favorable to non-moving party &
resolve all doubts in favor of the non-moving party.

Question 9

Change of Venue

Answer 9

For the convenience of the parties and in the interests of justice, a district court may transfer any civil
action to any other district or division where it might have been brought. Venue is proper in a judicial district where any
defendant resides, Where a “substantial part of the events or omissions” on which the claim is based occurred or where a
“substantial part of the property” that is the subject of the action is located.

Question 10

Removal

Answer 10

Generally, the defendant in any civil action filed in state court has the right to remove a case to the district court for the district in
which the state court action was filed as long as the civil action is within the original jurisdiction of a U.S. district court.
Federal courts may exercise original diversity jurisdiction over actions when (1) the parties to an action are citizens of different
states and (2) the amount in controversy in the action exceeds $75,000.