Civil Procedure

Question 1

Diversity of Citizenship Jurisdiction

Answer 1

• 28 USC 1332
• desire to protect out-of-state parties from local prejudice
• complete diversity between opposing parties
• each plaintiff must be diverse from each defendant
• amount in controversy must exceed $75,000

Question 2

Federal Question Jurisdiction

Answer 2

• 1331
• determine whether an action “arises under” federal law

Question 3

Removal Jurisdiction

Answer 3

Allows defendants to remove an action brought in a state court to a federal court if the federal court would have had original jurisdiction over the action.

Question 4

Supplemental Jurisdiction

Answer 4

• 1367
• allows a federal court to entertain claims over which it would have no independent basis of subject matter jx
• operates only after a claim has invoked federal subject matter jx
• brings additional claims in that case that arise from the same transaction or occurrence as the original claim, but cannot be used to get the case into federal court in the first instance

Question 5

Limitations on Personal Jurisdiction

Answer 5

• Statutory Limitations = states have power to decide over whom their courts have jx; if no state law grants court power over parties, then court lacks personal jx
• Constitutional Limitations = Due Process Clause places two restrictions = (1) D must have such contacts with forum that exercise would be fair and reasonable, and (2) D must be given appropriate notice of action and opportunity to be heard
• Personal jx in Federal Courts = Rule 4 = absent some special fed statute, each fed court must analyze personal jx as if it were a court of the state in which it is located

Question 6

Three Types of Personal Jurisdiction

Answer 6

1. In Personam Jurisdiction
2. In Rem Jurisdiction
3. Quasi In Rem Jurisdiction

Question 7

In Personam Jurisdiction

Answer 7

• exists when the forum has power over the defendant
• judgment creates a personal obligation on the D and is entitled to full faith and credit in all other states

Question 8

In Rem Jurisdiction

Answer 8

• exists when court has power to adjudicate rights of all person in the world with respect to a particular item of property
• limited to situations where property is located within physical borders of the state and where it is necessary for state to be able to bind all persons regarding property’s ownership/use
• actions for condemnation (eminent domain cases), forfeiture of property to the state (when property is used for unlawful acts – narcotics), and settlement of decedent’s estates

Question 9

Quasi In Rem Jurisdiction

Answer 9

• one type exists when court has power to determine whether individuals own specific property within court’s control
  
  • unlike in rem, however, it does not permit court to determine rights of all person in the world with respect to property
• second type permits court to adjudicate disputes other than ownership based on presence of D’s property in forum
• defendant is not bound personally = judgment does not bind defendant personally and cannot be enforced against any other property belonging to the defendant

Question 10

Statutory Limitations on In Personam Jurisdiction

Answer 10

• where D is present in forum state and personally served w/process
• where D is domiciled in forum state
• where D consents to jurisdiction
• where D committed acts bringing him within forum state’s long arm statutes

Question 11

Physical Presence at Time of Personal Service

Answer 11

• most states allow jx over any D who can be served with process within borders of state, even if merely passing through

Question 12

State Law Exceptions to the Traditional Rule

Answer 12

• Service by fraud or force = invalid
• Immunity of parties and witnesses = immunity from personal jx to nonresidents who are present in state solely to take part in a judicial proceeding, or who are passing thru state on their way to a judicial proceeding elsehwere

Question 13

Domicile

Answer 13

• Domicile = place where person maintains permanent home; chosen through presence (even for a moment) coupled with intention to stay; if a person lack capacity, domicile is determined by law (infant is domiciliary of custodial parent)
• Citizenship = a US citizen, even though domiciled abroad, is subject to personal jx in US; scope is unclear bc states have never attempted to enact laws enablling courts to obtain jx solely on basis on citizenship

Question 14

Consent

Answer 14

• Express Consent
  
  • ​By Contract = advance consent
  • By Appointment of Agent to Accept Service of Process = person can contract to have an agent receive service in that state against him
  • Appointment Required by State = when state heavily regulates a type of business (sale of securities) to protect its citizens, it can require nonresident in the state to appoint an agent for service of process
• Implied Consent = when state has substantial reason to regulate in-state activity of nonresident, it may provide that engaging in such activity designates a state official as agent for service
  
  • ex. implied consent okay to subject a nonresident motorist to jx in any state in which he has an accident
• Voluntary Appearance = consent unless “special appearance” where D is challenging jx

Question 15

Long Arm Statutes

Answer 15

• most states allow jx over nonresidents who perform or cause certain acts to be performed or who cause results within state
• in personam is granted regardless of whether D is served within or outside the forum, but is limited to causes of aciton arising from acts within state

Question 16

Unlimited Long Arm Statutes

Answer 16

Few states, such as CA, have long arm statutes that give courts power over any person or property over which state can constitutionally exercise jx.

Question 17

Limited (or Specific) Long Arm Statutes

Answer 17

• Tort Cases = some permit when a “tort” has occurred in the state, while others require a “tortious act”
• Contract Cases = some permit if action arises out of the “transaction of business” in the state, and others require D (or agent) to have been physically present at time transaction took place
• Property Actions = many permit over a nonresident D when cause of action arises from ownership of property within state; some statutes include chattels, while others are confined to realty
• Marital Dissolution = all states provide that when a married couple last lived together in the state and one spouse then abandons the other, the remaining spouse may obtain personal jx over the absent spouse for divorce