Civil Procedure Flashcards
Define Personal Jurisdiction
The ability of a court to exercise power over a PERSON or item of property
Personal Jurisdiction Two-Part Test
A court has personal jurisdiction if:
1) It satisfies a state statute, AND
2) It satisfies the constitution
Personal Jurisdiction: Set of Factors to Determine Constitutional Analysis:
1) Contact;
2) Relatedness; and
3) Fairness
PJ: Constitutional Analysis Factors - Contact Definition + (Factors + Examples)
There MUST be a relevant contact between D and the forum STATE
Factors: 1) Purposeful Availment (D’s voluntary act to reach out to the forum)
2) Foreseeability (that D could get sued in this forum)
Examples: 1) Purposeful Availment: marketing a product in the forum, using the roads in the forum, EVEN BY CAUSING AN EFFECT IN THE FORUM (indirect contact)
PJ: Constitutional Analysis Factors - Relatedness Defined
Relatedness refers to P’s claim ARISING FROM D’s contact with the forum
PJ: Specific v. General
Specific: Where the claim arises from D’s contact with the forum
General: Where the D is domiciled at the forum
PJ: Domiciliary of Corporations
1) Where the corporation is incorporated, AND
2) Where it has its principal place of business (PPB)
PJ: Constitutional Analysis Factors - Fairness + When to Use
Whether jurisdiction would be FAIR under the circumstances
Use: Only in SPECIFIC PERSONAL JURISDICTION claims
PJ: Constitutional Analysis Factors - Fairness Factors
1) Burden on D and witnesses (look at a SEVERE disadvantage in the litigation)
2) State’s interest (ALWAYS TRUE if P is a citizen)
3) Plaintiff’s interest
Notice/Service of Process: Process Documents
1) A summons (formal court notice of suit and time for response); and
2) Complaint
Notice/Service of Process: Who Can Serve Process? + Timeline
Any NON-PARTY at least 18 years old
Timeline: No more than 90 DAYS after filing the complaint
Notice/Service of Process: Serving Process on an Individual in the US Options
1) Personal service (can be anywhere)
2) Substituted service (must be (a) D’s usual abode, and (b) serves someone of suitable AGE AND DISCRETION who also RESIDES THERE)
3) D’s Agent (if receiving service is in scope of agency)
4) State law methods ((a) where federal court sits, OR (b) where service is made)
Notice/Service of Process: Serving Process on a Business or Organization
Deliver a copy of the summons and complaint to an Officer who is a managing or general agent of the company (CEO, Treasurer, Secretary, etc.)
Notice/Service of Process: Serving Process on a Minor or Incompetent Person
Use any method permitted by state law WHERE THE SERVICE IS TO BE MADE
Notice/Service of Process: Serving Process in a Foreign Country Options
1) Allowed by international agreement,
2) Method allowed by foreign country’s law,
3) Method directed by foreign official
4) Personal service in foreign country, OR
5) Mail sent by AMERICA COURT CLERK, requiring signed receipt
Notice/Service of Process: Waiver of Formal Service of Process - Plaintiff’s Actions + D Penalty For Failing To Return Waiver
P must mail D a notice and request to waive formal service, including a copy of the complaint and two copies of a waiver form, with a prepared means of returning the form
Penalty: If D fails to return waiver form without good cause, he MUST PAY THE COST OF SERVICE
Notice/Service of Process: Proving Service of Process + Civilian Servers
Unless service is waived, the process server files a report with the court detailing how service was made
Civilian: If the server was a civilian, the report is by affidavit
Notice/Service of Process: Immunity
If D is present in a state to APPEAR AS A PARTY, WITNESS, OR ATTORNEY in a different civil case, D is IMMUNE to service of process
Define Subject Matter Jurisdiction
The court’s power over the case (not the parties)
SMJ: State Courts v. Federal Courts
State Courts: Have “general” SMJ to hear any case
Federal Courts: Can only hear 1) diversity of citizenship claims, or 2) federal question claims
SMJ: Diversity of Citizenship Requirements
The case is either:
1) Between citizens of different U.S. states AND the amount in controversy exceeds $75,000, OR
2) Between a citizen of a U.S. state and a citizen of a foreign country AND amount in controversy exceeds $75,000
SMJ: Diversity of Citizenship - Complete Diversity Rule + Remember Green Card
There IS NO DIVERSITY if ANY P is a citizen of the same state as ANY D (or both aliens)
Remember: A so-called “green card” alien, meaning permanent residence in US, IS NOT CONSIDERED A CITIZEN, but special rule against federal courts hearing cases of a citizen of one state suing a green card alien of the same state
SMJ: Diversity of Citizenship - How to Establish Domicile + Remember Intent Examples + Remember Time of Filing
You establish domicile by 1) presence in the new place, AND 2) intent to make that your home indefinitely
Remember (1): Taking a job, buying a house, registering to vote are all indicative of intent to domicile
Remember (2): The test for diversity takes place WHEN THE CASE IS FILED, wherever the parties move after is irrelevant
SMJ: Diversity of Citizenship - Citizenship of a Corporation + Remember PPB Test
1) EVERY US state or country where incorporate, AND
2) The ONE US state or country of its PPB
Remember: PPB is where the manager direct, coordinate, and control corporate activities, otherwise known as the corporation’s “nerve center”