Civil Procedure

Question 1

Federal Subject Matter Jurisdiction

Answer 1

There are two main types of federal subject matter jurisdiction: federal question jurisdiction and diversity jurisdiction. Federal Question Jurisdiction is available when the plaintiff’s well-pleaded complaint sets forth a claim that arises under the US Constitution or federal law or treaties. Diversity of citizenship jurisdiction requires an amount in controversy of more than $75,000, as determined by the plaintiff’s good faith allegation in the complaint, and complete diversity of citizenship, meaning that no plaintiff may share state citizenship with any defendant.

Question 2

Citizenship for Diversity Purposes

Answer 2

• A corporation is a citizen of every state in which it is incorporated and the one state in which it has its principal place of business, which the Supreme Court has held to be the place from which the corporation’s high level offers direct and control the corporation’s activities.
• For diversity purposes, an individual is a citizen of the state in which she is domiciled, and the party’s domicile may be changed by being physically present in the state couples with the intent to remain there permanently or for an indefinite period.

Question 3

Supplemental Jurisdiction [when the OG claim has SMJ]

Answer 3

• Supplemental Jurisdiction allows a court to hear claims that fall outside its original jurisdiction if the supplemental claim arises from the same nucleus of operative fact as the claim that invoked original federal subject matter jurisdiction.
• Plaintiff cannot use supplemental jurisdiction to add a claim against a nondiverse party if the sole basis for SMJ is diversity.

Question 4

Venue

Answer 4

Venue is proper in a district where (1) any defendant resides if all defendants reside in the same state, (2) in a district where a substantial part of the events or omissions giving rise to the claim occurred, or (3) a substantial part of property that is subject to the action is situated.

For venue purposes:
- A human “resides” in the federal district where she is domiciled.
- A business, such as a corporation or unincorporated association, resides in all districts where it is subject to PJ for the case.

Question 5

Change of Venue [analyze venue, then pj and smj of question asks re transferring venue]

Answer 5

• Transfer of venue: To transfer venue, the court must determine whether venue has been properly laid, and if so, whether any basis for transfer of venue exists.
• When venue in the original action is proper, the federal court, in the interests of justice, may transfer the case for the convenience of the parties and witnesses to another venue in which the action might have been brought (considering the rules for venue, personal jurisdiction over the defendant and subject matter jurisdiction) or to which the parties have consented.

Question 6

Personal Jurisdiction

Answer 6

In order to exercise personal jurisdiction over a defendant, the exercise must first be authorized by state statute and be constitutional (minimum contacts test). If statute simply states it allows court to exercise PJ to full extent of Constitution, the two prongs are merged. The Due Process Clause of the Fourteenth Amendment permits states to assert personal jurisdiction over defendants who have established minimum contacts with the state such that the exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice.

Question 7

Minimum Contacts Rule

Answer 7

The contact must result from Defendant’s purposeful availment of the benefits and protections of state law. This means that the defendant must reach out to the forum, and the contact must result from his targeting of the forum. Also, once Defendant has availed herself of the forum, he could foresee being sued in the forum

Question 8

Once the relevant contact is established, analyze relatedness

Answer 8

• Once the relevant contact is established, if the Plaintiff’s claim against Defendant “arises out of or relates to” Defendant’s contact with the forum, the case involves Specific Personal Jurisdiction (jurisdiction over the defendant for the instant cause of action only).
  
  • Fairness: The exercise of Specific Personal Jurisdictional, must be fair or reasonable under the circumstances. To assess fairness, three factors are considered: Burden on the defendant and witnesses, State’s interest, and Plaintiff’s interest.
• If Plaintiff’s claim does NOT arise from or relate to the defendant’s contacts with the forum, the only way to proceeds is if the court has General Personal Jurisdiction (personal jurisdiction over the defendant for all causes of action).
  
  • In order to be subject to general personal jurisdiction in a forum state, the defendant must be “at home” inn the forum state. To be “at home” in a state, an individual defendant must be domiciled in the state. For a corporation, being “at home” are the state of incorporation and the state where the corporation has its principal place of business