Civil Procedure Flashcards
Personal Jurisdiction
Must
1) Fall within a state statute (Long Arm Statutes)
2) Satisfy the Constitution
Personal Jurisdiction Constitutional Analysis
- Contact. Is there a) purposeful availment and b) Foreseeability?
- Relatedness. Does P’s claim arise from or relate to D’s contact with the forum?
Yes –> Specific PJ
No –> General PJ - Fairness. If SPJ applicable, ask about a) burden on defendant and witness, b) State’s interest, c) Plaintiff’s interest
Process consists of:
1) Summons
2) Copy of Complaint
Who Can Serve Process?
Over-18, non-party
You Can Serve Process:
1) To the person; or
2) At D’s usual abode on someone of suitable age and discretion who resides there; or
3) Service on agent/authorized agent; or
4) State law methods
5) To person in foreign country, mail sent by clerk of the American court
Waive Service of Process?
D files waiver and sends to P
Subject Matter Jurisdiction
1) Over $75k
2) Complete diversity
Can only be citizen of one U.S. state
Corporation = Incorporation + PPB
How Do You Change Domicile?
1) Physical Presence AND
2) Subjective Intent to make new place domicile for the foreseeable future, e.g. registering to vote, buying a house, etc.
Citizenship of Unincorporated Association
Citizenship of all its members.
If it’s a limited partnership, citizenships of general and limited partners.
Aggregation of Claims
Single Plaintiff can aggregate any and all claims against a Single Defendant
Claims need not be related to each other
Joint Claims - Aggregation?
Total Value of the Claim
(Look for the word ‘joint’)
Aggregation in the Case of Equitable Relief?
Two Strategies:
1) Plaintiff Viewpoint –> If granted, does the relief requested have a value of over $75k?
2) Defendant Viewpoint: If granted, will the relief requested cost the defendant more than $75k?
Excluded Cases
Federal courts decline to hear actions for divorce, alimony, child custody, and actions to probate an estate
Collusion Creation of Diversity
If a party attempts to create diversity by a sham transaction, courts will ignore –> No Diversity
Federal Question Jurisdiction
Is the plaintiff enforcing a federal right?! (That’s all, really.)
Must appear on the face of the well-pleaded complaint.
How Long to Remove from Federal Court?
30 days
