Civil Procedure Flashcards
Traditional Bases of Personal Jurisdiction
1) Domicile in forum
2) Presence in forum when served
3) Consent
4) In rem
Long-arm Statutes
Used to acquire jurisdiction over non-resident D in the absence of traditional bases
If not mentioned, assume it exists and permits exercise of PJ over non-resident D to the furthest extent permitted under the U.S. Constitution
Due Process
Any exercise of jurisdiction should be consistent with due process, which requires 1) minimum contacts and 2) compliance with the traditional notions of fair play and substantial justice
Minimum Contacts - General Jurisdiction
D’s contacts are systematic and continuous or constant and pervasive as to render D essentially at home in the forum
Cause of action need not be related to the contacts
Minimum Contacts - Specific Jurisdiction
1) Purposeful availment of the privileges and benefits of the forum; 2) It was foreseeable to D that he would be haled into the forum court; and 3) The claim or cause of action arose out of D’s contacts with the forum
Traditional Notions of Fair Play and Substantial Justice
Trial in the forum isn’t gravely difficult and inconvenient to D; the forum state has an interest in providing redress; and P’s interest in convenient relief
Notice & Service of Process - Federal
Any person over 18 not a party to the action may serve
Adequate services is by personal service, service left at D’s usual abode with someone of suitable age and discretion, or per forum state’s rules
Subject Matter Jurisdiction - General
Subject matter jurisdiction includes both federal question jurisdiction and diversity jurisdiction
Subject Matter Jurisdiction - Raising Lack of SMJ
Can be raised at any time until the case is over (when all appeals are done)
Can be raised after case is over, but if lack of SMJ is due to lack of diversity, likely out of luck
Subject Matter Jurisdiction - Federal Question Jurisdiction
The claim or cause of action (but not an anticipated defense) arises under the U.S. Constitution, a federal law, or a treaty as posed by a well-pled complaint
Subject Matter Jurisdiction - Diversity Jurisdiction
Requires 1) complete diversity; and 2) an amount in controversy more than $75,000 as set out in a good faith pleading
Diversity Jurisdiction - Diversity
Person - residence
Corporation - state of incorporation and PPOB
Diversity Jurisdiction - Amount in Controversy
P can aggregate all claims against one D and all claims against jointly and severally liable Ds BUT NOT separate claims against multiple Ds
Multiple Ps can’t aggregate against a single D unless they’re enforcing a single title or right in a common and undivided interest
Complaint and counter-claim amounts cant be aggregated
Supplemental Jurisdiction
A federal court has supplemental jurisdiction to hear a state claim if 1) the two claims derive from a common nucleus of operative fact, and 2) P would ordinarily be expected to try them all in one proceeding
Compulsory counterclaims always have supplemental jurisdiction
Supplemental Jurisdiction - Ancillary Jurisdiction
Allowed in diversity case if D becomes a 3rd-party P and sues a 3rd-party D, so long as the original P doesn’t become a party to the 3rd-party claim
Venue - Federal - Step 1
Venue is proper in the judicial district 1) where any D resides, if all Ds reside in the same state, or 2) where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property involved is situated. If neither apply, then, 3) for diversity actions, venue is proper in any district where any D is subject to PJ at the time the action is commenced, and for non-diversity actions, any district where any D may be found
Venue - Federal - Residence
Individual - where domiciled
Corporation - where subject to PJ
Unincorporated association - where it does business
Venue - Federal - Step 2
Venue may be transferred to another district where the action might have been brought if appropriate upon balancing the relative conveniences of the parties, witnesses, and evidence
Forum non Conveniens
1) Discuss if current and proposed venues are proper
2) Balance the public factors (availability of alternative forum, P’s choice of forum, forum state’s interest) and private factors (convenience to parties and witnesses, location of evidence, where cause of action arose)
Erie Doctrine
Only applies in diversity cases
Apply state substantive law and federal procedural law
Elements of a claim or defense, SoL, and choice of law rules are substantive
Removal
Requires federal SMJ
Only D can remove (within 30 days of service of the complaint) and all Ds must join in the removal
Can’t remove if any D is a citizen of the forum state
Remand
Court must grant the motion if the federal court lacked SMJ in the first place
If the defect isn’t cured before trial, the judgment is vacated
Abstention
Federal court will retain jurisdiction over a constitutional challenge to a state law but refrain from deciding the question until the state courts have interpreted the state law
Pleading - Federal
A pleading which sets forth a claim for relief shall contain 1) a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction, 2) a short and plain statement of the claim showing that the pleader is entitled to relief, and 3) a demand for judgment for the relief sought
A complaint must contain facts that, taken as a whole, render P’s entitlement to relief plausible
