Civil Procedure Flashcards
What is the jurisdiction of federal courts?
Federal courts have limited jurisdiction and may only hear cases where subject matter jurisdiction is established.
What is required for a federal court to have diversity jurisdiction?
Complete diversity of citizenship and amount in controversy exceeding $75,000, exclusive of interest and costs.
Define complete diversity.
Complete diversity exists when no plaintiff shares state citizenship with any defendant.
How is an individual’s citizenship determined?
By domicile, which requires physical presence in a state and intent to remain indefinitely.
What determines the citizenship of corporations?
A corporation is a citizen of its state of incorporation and its principal place of business.
How is the citizenship of partnerships and LLCs determined?
They take on the citizenship of each of their members for diversity purposes.
What is the amount in controversy requirement for federal jurisdiction?
Must exceed $75,000; the plaintiff’s good faith claim controls unless it is clear to a legal certainty that they cannot recover more.
Can a single plaintiff aggregate claims against multiple defendants?
No, multiple plaintiffs cannot aggregate claims unless they have a common, undivided interest.
Does diversity jurisdiction extend to foreign citizens?
Yes, unless the foreign citizen has been lawfully admitted for permanent residence in the same state as a U.S. citizen party.
What establishes federal question jurisdiction?
A claim arising under the U.S. Constitution, federal statutes, treaties, or other federal law.
What is supplemental jurisdiction?
A federal court may exercise supplemental jurisdiction over additional claims arising from a common nucleus of operative fact with the original claim.
What are the limitations on supplemental jurisdiction involving diversity?
The court cannot exercise supplemental jurisdiction over claims by plaintiffs that would destroy complete diversity.
Under what circumstances can a federal court decline supplemental jurisdiction?
If the claim raises a novel or complex issue of state law, predominates over federal claims, all federal claims are dismissed, or other compelling reasons exist.
What is the time limit for a defendant to file for removal?
Within 30 days of receiving the initial pleading that makes the case removable.
What is the home-state defendant rule?
Removal based on diversity jurisdiction is barred if any defendant is a citizen of the state where the case was originally filed.
What is personal jurisdiction?
Personal jurisdiction is the court’s authority to require a defendant to appear and defend a lawsuit in a particular state. There are two types (1) traditional, and (2) modern basis.
What establishes traditional personal jurisdiction?
Defendant is domiciled in the forum state, consents to jurisdiction, or is served with process while physically present in the state.
Modern Basis:
Modern basis are (1) Long Arm Statute, and (2) Constitutionality. If PJ exists under the modern test, determine which type of jurisdiction applies, general or specific.
State Long-Arm Statutes
A court may exercise jurisdiction under the state’s long-arm statute, which allows jurisdiction over out-of-state defendants to the extent permitted by the U.S. Constitution (FRCP 4(k)).
Constitutionality (Jurisdiction)
Under the Due Process Clause of the Fourteenth Amendment, a court may exercise personal jurisdiction over an out-of-state defendant only if the defendant has sufficient minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice (International Shoe Co. v. Washington).
What are minimum contacts?
The defendant must have purposefully availed themselves of the forum state in a way that makes it foreseeable they could be sued there.
In determining whether such minimum contacts are present, courts look to three things: 1) the level of contacts with the forum state, 2) the relatedness of those contacts to the cause of action, and 3) whether the exercise of jurisdiction would be fair.
What is purposeful availment?
A defendant purposefully avails themselves of a forum by deliberately engaging in activities directed at the forum state, such as conducting business, signing a contract, or using the state’s roads.
What is general jurisdiction?
A court has general jurisdiction over a defendant if their contacts with the forum state are so systematic and continuous that they are essentially at home there.
What is specific jurisdiction?
A court has specific jurisdiction over a defendant if (1) the claim arises out of or relates to the defendant’s contacts with the forum state and (2) exercising jurisdiction is reasonable (Bristol-Myers Squibb Co. v. Superior Court).
What fairness factors (5) must be considered for personal jurisdiction?
Even if minimum contacts exist, the court must consider whether jurisdiction would be fair by evaluating:
- Convenience to the defendant
- Forum state’s interest
- Plaintiff’s interest
- Judicial system’s interest in efficiency
- Shared interests of states in furthering substantive policies.
What is the timely assertion requirement for personal jurisdiction?
A defendant must assert lack of personal jurisdiction in a Rule 12(b)(2) motion before filing an answer or in the answer itself, or it will be waived.
