Civil Procedure

Question 1

Personal Jurisdiction

Answer 1

Personal Jurisdiction is the court’s power over the parties.
Q: Does the defendant have sufficient contacts wit the forum state so that the exercise of personal jurisdiction is fair and reasonable?
Analysis (2 step):
1. statutorily authorized
2. constitutional (due process)

Question 2

Personal Jurisdiction Constitutional Analysis

Answer 2

For the constitutional analysis, we ask: does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

Analysis:
- contacts
- relatedness
- fairness

Question 3

Personal Jurisdiction: Contact

Answer 3

There must be relevant minimum contacts between the defendant and the forum state. There are two factors to be addressed here, purposeful availment and forseeability

Question 4

Personal Jurisdiction (Contact): Purposeful Availment

Answer 4

The contact must result from Defendant’s purposeful availment, that is, from her voluntary act. This means that the defendant must reach out to the forum, and the contact must result from this targeting of the forum.

Question 5

Personal Jurisdiction (Contact): Forseeability

Answer 5

Is it forseeable that the defendant could be sued in the forum?

Question 6

Relatedness

Answer 6

After it has been established that there is a relevant contact in the forum, we assess for relatedness by asking does the plaintiff’s claim raise from or relate to D’s contact with the forum?
if yes –> Specific PJ
if no –> need general PJ

Question 7

General Jurisdiction

Answer 7

The defendant either must be at home in the forum or must have registered to do business in the state and have appointed an agent for service of process there.
- domicile (where they live and intend to remain)
- served with process in state

Question 8

Corporation and General Jurisdiction

Answer 8

1) in any state that allows PJ to be exercised on registration with the state
- or where they are at home (incorporate and PPB)

Question 9

Fairness

Answer 9

only assessed if specific PJ
- we assess whether PJ would be fair under the circumstances including factors like burden on the defendant and witness’s, the state’s interest in having the case litigated there, and the P’s interest in litigating there.

Question 10

Notice

Answer 10

In addition to PJ, the D is entitled to notice that she has been sued. Notice must be “reasonably calculated under the circumstances” to apprise interested parties of the action.
- notice consists of two documents: summons and complaint (together called “process”)

Question 11

Process (which documents)

Answer 11

summons and complaint

Question 12

Who Can Serve Process

Answer 12

Any person over 18 years old and who is not a party to the action.
- this can include a party’s lawyer

Question 13

When must process be served

Answer 13

process must be served within 90 days of the filing of the complaint – this period may be extended for good cause

Question 14

How is process served

Answer 14

1) personal service - given to D personally anywhere
2) substituted service - serving a substitute for the defendant.
3) service on agent
4) state law methods

Question 15

Substituted Service

Answer 15

Substituted service means serving a substitute for the defendant. This can only be done (1) at the D’s usually place of abode; (2) with someone of suitable age and discretion; (3) who resides there.

Question 16

State Law Service Methods

Answer 16

methods for serving press that are permitted by the law of the state (1) where the federal court sits; or (2) where service is made.

Question 17

Serving Process on an Organization

Answer 17

A business or organization may be served by:
1) delivering to an officer or a managing or general agent
2) using state methods – where the federal court sits or where service is to be made

Question 18

Service on an Incompetent or Minor

Answer 18

service on a minor or incompetent may be made ONLY by a method permitted by the law of the state in which service is to be made

Question 19

Service on parties in a foreign country

Answer 19

a method allowed by international agreement may be used, or if there is no such agreement on point, the options are:
1) as directed by American court
2) method allowed by the foreign country’s laws
3) method directed by foreign official in response of a letter request from the American court or;
personal service in the foreign country; or
mail sent by the clerk of the American court, requiring signed receipt

Question 20

waiver of service of process

Answer 20

A defendant can waive service of process. To request this waiver, a plaintiff mails the D a notice and request to waive service. The P must include a copy of the complaint and two copies of a waiver form, with a prepaid means of returning the form.

If the D executes and mails the waiver form to the P within 30 days (60 if D is outside the US) she waives service of process

Question 21

When Process Waiver is Effective

Answer 21

If D waives process, the P files the waiver in court and we act as though the D was served with process on the day that the P filed the waiver form with the court

Question 22

Penalty for Failing to Waive Service

Answer 22

If D fails to return the waiver form and did not have good cause for failing to return, then the D must pay the costs of service

Question 23

Immunity for Service of Process

Answer 23

if D goes to state X to appear as a party, witness, or attorney in a different civil case in state X, the D cannot be served with process for a civil case in federal court in State X.

Question 24

Subject Matter Jurisdiction

Answer 24

Subject matter jurisdiction refers to the court’s power over the case, and not over the parties. Federal courts have limited subject matter jurisdiction, so they can only hear certain kinds of cases.

Question 25

SMJ: Types

Answer 25

The two main types of cases that can be heard in federal court are (1) federal question jurisdiction and (2) diversity jurisdiction.

• a lack of SMJ cannot be waived, and if a case does not invoke SMJ and a judgment is rendered, that judgment is void.

Question 26

Diversity of Citizenship Jurisdiction Requirements

Answer 26

(1) the case is either (a) between citizens of different US states; or (b) a citizen of a US state and; (2) the amount in controversy exceeds 75k.

Question 27

Compete Diversity Rule

Answer 27

diversity of citizenship jurisdiction does not exist if any plaintiff is a citizen of the same state as any defendant. Whether there is diversity of citizenship is determined when the case is filed.

Question 28

Citizenship of a natural person

Answer 28

the citizenship of a person who is a US citizen is the ONE us state in which she is domiciled; a person can have only one domicile. That domicile is retained until it is changed.

Question 29

Changing domicile

Answer 29

To change your domicile you must prove (1) physical presence in the new domicile; and (2) the intent to make that place your home for the indefinite future.

• for intent courts look at all relevant factors: taking a job, buying a house, joining civi organizations, registering to vote, etc.

Question 30

Citizenship of a corporation

Answer 30

a corporation is a citizen of ANY state or country in which it is incorporated and of the ONE state or country in which it has its PPB (state from which the corporation’s managers direct, coordinate, and control business activities – the nerve center)

Question 31

Citizenship of unincorporated entities

Answer 31

an unincorporated association takes on the citizenship of ALL of its members. If it is a limited partnership, you include the citizenships of both general and limited partners.

Question 32

Citizenship of Decedents, Minors, and Incompetents

Answer 32

Decedents, minors, and incompetents must sue or be sued through a representative. For diversity purposes, the citizenship of the representative is irrelevant. Instead, you use the citizenship of the decedent, minor, or incompetent.

Question 33

Citizenships and Class Actions

Answer 33

for class actions, the citizenship of the named representatives of the class is used

Question 34

Amount in Controversy Requirement

Answer 34

in addition to compete diversity or alienage, the plaintiff’s claim(s) must exceed 75,000

Question 35

Calculating the amount in controversy

Answer 35

only the claim itself is considered. Litigation costs or interest on the claim are not included.

(interest means the prejudgment interest that results from delay of payment due to the litigation)

Whatever the P claims in good faith is OK unless it is clear to a legal certainty that she cannot recover more than 75k

Question 36

Amount in Controversy: Aggregation of Claims

Answer 36

aggregation means adding two or more claims to meet the amount in controversy requirement.

Ay single plaintiff may aggregate ALL of her claims against a single defendant. These claims do not need to be related.

Question 37

Amount in Controversy: Joint Claims

Answer 37

For joint claims, you use the total value of the claim and the number of parties is irrelevant (joint tortfeasors)

Question 38

Amount in Controversy: Equitable Relief (tests)

Answer 38

equitable relief include the insurance of an injunction, specific performance, rescission of a contract. To determine if the amount in controversy has been satisfied, there are two tests.

1) look at the P’s POV: if granted does the relief requested have a value of more than 75k to the P?
2) look at the D’s POV: if granted, will the relief requested cost the D more than 75k to comply?E

Question 39

Exclusions from Diversity

Answer 39

“Daca”
Even if these cases meet the requirements for diversity jurisdiction, federal courts will not hear them:
- divorce
- alimony
- child custody
- action probate

Question 40

Federal Question Cases

Answer 40

for there to be federal question jurisdiction, the P’s claim must “arise under” federal law. To determine this, we ask whether the P is enforcing a federal right?

Question 41

Removal

Answer 41

A defendant is able to remove a case that is originally filed in state court to federal court. Generally, an action originally filed in state court may be removed to federal court when the case could have been filed in a federal court initially.

Question 42

Removal Procedure

Answer 42

The D files a notice of removal in the federal court stating the grounds for remolding and attaching all documents that were served on her in state action. Then the defendant promptly serves a notice of removal on adverse parties and files a copy of the notice of removal in STATE COURT.

Question 43

Timing of Removal

Answer 43

The D must remove no later than 30 days after service of the first paper that shoes that the case is removable.

Question 44

Who Must Join in Removal?

Answer 44

All defendants who have been served with process must join in the removal.

Question 45

Limitations on Removal

Answer 45

1) the case should not be removed if any defendant is a citizen of the forum state’ and
2) the case should not be removed more than one year after the case was filed in state court.

Question 46

Removal Venue

Answer 46

The D removes to the federal district court “embracing” the state court where the case was filed.

Question 47

Remand to State Court

Answer 47

If the P thinks the case should not have been removed, she can move to remand to state court.

If motion for remand is based on a reason OTHER than lack of SMJ –> must move to remand no later than 30 days after the filing of the notice of removal

If based on lack of SMJ –> no time limit

Question 48

Supplemental Jurisdiction (overview)

Answer 48

Supplemental jurisdiction does not get case into federal court, but rather gets claims into a federal case.

Question 49

Supplemental Jurisdiction analysis

Answer 49

Step 1: check for FQ or Diversity over additional claim

step 2: check for supplemental jurisdiction
- CNOF test: this test is always met when the claim arises from the same transaction or occurrence as the underlying case, but the concept is broader than T/O

Question 50

Supplemental Jurisdiction Limitation

Answer 50

only applies in diversity cases: in diversity cases, claims by Ps cannot invoke supplemental jurisdiction.

Exception: the exception to the limitation applies when there are multiple Ps, and the claim by one of them does not meet the amount in controversy requirement

Question 51

Erie Doctrine

Answer 51

only applies in diversity cases.

Step 1: is there some federal law on point that DIRECTLY CONFLICTS with state law? –> if yes –> FL

Step 2: if there is no federal law on point, the federal judge must apply state law if the issue to be decided is substantive

Step 3: if issue is not one of the 5 substantive issues –> federal judge must determine if an issue is substantive
- outcome determinative (would applying or ignoring the state rules affect the outcome of the case)
- forum shopping (would ignoring the state law encourage people to flock to FC)
- balance of interests (does either federal or state system have strong interest in having its rules applied)

Question 52

Venue (overview)

Answer 52

venue tells us exactly where we cant take a case – which federal court a case should be brought in.

Question 53

Venue Choices

Answer 53

The plaintiff may lay venue in any district where
1. RESIDENTIAL VENUE: all Ds reside (if all Ds reside in same state but in different districts, you can lay venue in any district where any one of them lives)
2. TRANSACTIONAL VENUE: where a substantial part of the claim arose or a substantial part of the property involved in the suit is located

Question 54

Transfer of Venue

Answer 54

Transfers goes from one trial court in a judicial system to another trail court in the same judicial system. (venue + PJ must be proper in transferee without waiver by D)

Question 55

Transfer from Proper Venue

Answer 55

if the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses dn int the interests of justice.