Civil Procedure 7- 12 Flashcards
How is Supplemental Jurisdiction limited?
It CANNOT be used to overcome a lack of diversity.
There is NO jurisdiction over claims against third-parties.
The court maydecline to exercise it when:
The claim raises a novel/complex issue of law;
The claim substantially predominates over the claim(s) of which the District Court had original jurisdiction;
The Federal District Court has dismissed all claims it had original jurisdiction over; OR
In exceptional circumstances.
Priority: Medium
When must a federal court remand a case to a state court?
If there is no federal subject matter jurisdiction. They can also remand a case to a state court after the federal claims have been decided.
*A motion must be made within 30 days after the filing of the notice of removal.
Priority: Medium
Under the Domestic Relations Exception, when MUST federal courts decline jurisdiction?
When the case primarily involves domestic relations.
A court should NOT decline jurisdiction when domestic relations issues are ancillary to the case.
Priority: N/A
When may a defendant removea case to federal court?
When:
The federal court has subject matter jurisdiction;
All defendants agree;
No defendant is a resident of the forum state (for diversity cases only); AND
Removal is sought within 30 days (of either service of the Summons or receiving the initial pleading).
*A plaintiff CANNOT remove a case to federal court.
Priority: HIGH
What are the four Abstention Doctrines?
Pullman Doctrine(cases that arise from unsettled areas of state law).
Younger Doctrine(cases that would interfere with state judicial proceedings).
Colorado River Doctrine (when there are parallel state and federal litigations pending).
Burford Doctrine(only appropriate if federal adjudication would interfere with a state’s administration of a complex regulatory scheme).
Priority: N/A
What are the traditional bases of Personal Jurisdiction?
Domicile;
Transient jurisdiction (presence in the state when served);
Consent;
Waiver.
*The above grounds comport with the Constitutional requirements of due process.
Priority: HIGH
