Civil Procedure Flashcards
What are the traditional bases for personal jurisdiction?
Traditionally, personal jurisdiction existed where the defendant: (1) consents to jurisdiction in the forum state; (2) is domiciled in the forum state (that is, where she has both physical presence* and the subjective intent to remain*); and (3) was present in the forum state when served with process.
What is the modern standard for personal jurisdiction?
Modernly, the minimum contacts standard allows PJ over nonresidents provided: (1) there is a long-arm statute; and (2) the exercise of jurisdiction is in keeping with the constitutional requirements of the minimum contacts standard.
When may the amount in controversy be aggregated for diversity cases?
Claims can be aggregated to meet the amount if:
(1) There is one plaintiff and one defendant
(2) There are joint tortfeasor defendants
(3) There are two plaintiffs with a common undivided interest
What is supplemental jurisdiction?
This extends subject matter jurisdiction when an additional claim does not itself invoke federal SMJ, but the additional claim shares a common nucleus of operative fact with a claim that does properly invoke SMJ (i.e., arises from the same transaction or occurrence).
