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AB Worksheets > Civil Procedure _ Jurisdiction & Venue > Flashcards

Civil Procedure _ Jurisdiction & Venue Flashcards

1
Q

Subject-Matter Jurisdiction

SUBJECT-MATTER JURISDICTION

A

1) Diversity of Citizenship
2) Federal Question

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2
Q

Amount in Controversy

SUBJECT-MATTER JURISDICTION

A
  • Must be in excess of $75K
  • Court must have** “legal certainty”**
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3
Q

Adding Claims

SUBJECT-MATTER JURISDICTION

A
  • Plaintiff can ADD claims if one exceeds $75K
  • Single Plaintiff can ADD claims against Single Defendant to reach $75K
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4
Q

Multiple Plaintiffs:

SUBJECT-MATTER JURISDICTION

A
  • If Single Plaintiff meets $75K then other plaintiffs can join
  • Cannot join if no Single Claim exceeds $75K
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5
Q

Class Action

A

One named member must meet $75K

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6
Q

Diversity Jurisdiction

A

1) Case exceeds $75K
2) Complete Diversity of Citizenship

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7
Q

Definition – Diversity of Citizenship

SUBJECT-MATTER JURISDICTION

A

No plaintiff may be a citizen of the same state as any defendant

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8
Q

Citizenship – Domicile

SUBJECT-MATTER JURISDICTION

A

Present location & Intent to stay

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9
Q

Foreign Citizens

SUBJECT-MATTER JURISDICTION

A
  • US Citizen + Foreign Citizen = Diversity
  • Two Foreign Citizens = NO Diversity
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10
Q

Corporation – Domicile

SUBJECT-MATTER JURISDICTION

A
  • State of incorporation AND
  • Principal place of business
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11
Q

Joining Parties:

SUBJECT-MATTER JURISDICTION

A
  • CANNOT join a party just to obtain Diversity
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12
Q

Federal Question

SUBJECT-MATTER JURISDICTION

A
  1. Plaintiff’s claim must be based on federal law
  2. Well-Pleaded Complaint Rule: Federal issue must be obvious
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13
Q

AdaptiTip
Is federal issue as a defense a federal question?

SUBJECT-MATTER JURISDICTION

A

Federal Issue as a defense is NOT a federal question

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14
Q

Federal Question Cases:

SUBJECT-MATTER JURISDICTION

A
  1. Admiralty
  2. Maritime
  3. Intellectual Property
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15
Q

Define Supplemental Jurisdiction

SUPPLEMENTAL JURISDICTION

A

Supplemental Jurisdiction
May add claims without subject-matter jurisdiction if **they arise **from a “common nucleus of facts”

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16
Q

Diversity Cases:

SUPPLEMENTAL JURISDICTION

A
  • New party cannot destroy diversity of citizenship
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17
Q

Supplemental Jurisdiction – Allowed:

SUPPLEMENTAL JURISDICTION

A

1) Compulsory Counterclaim
2) Joinder in Compulsory Counterclaim
3) Cross-claim
4) Impleader of 3rd Party Defendants

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18
Q

Supplemental Jurisdiction – NOT Allowed: (4)

SUPPLEMENTAL JURISDICTION

A

1) Original Plaintiff vs. 3rd Party Defendant
2) Compulsory Joinder
3) Joinder of Defendants
4) Intervention

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19
Q

Supplemental Jurisdiction & Discretion:

SUPPLEMENTAL JURISDICTION

A

Court has DISCRETION to apply
Supplemental Jurisdiction

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20
Q

AdaptiTip -
if D tries to add - Yay or Nay?
if P trying to add - Yay or Nay?

SUPPLEMENTAL JURISDICTION

A
  • If defendant is trying to add, generally ok
  • If the plaintiff is trying to add, generally not ok
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21
Q

PERSONAL JURISDICTION
- definition

A

Definition – Personal Jurisdiction:
* In personem
* Ability to bring the individual into court

22
Q

{Personal Jurisdiction}
General Rules:

PERSONAL JURISDICTION

A

1) Present/ Personally Served
2) Domiciled
3) Consent

23
Q

AdaptiTip
- Will the court be able to get PJ if you are in a state for a different proceeding or because of fraud?

PERSONAL JURISDICTION

A

If you are in the state for a different proceeding or because of fraud, the court will not be able to get personal jurisdiction

24
Q

Long-Arm Statute:

PERSONAL JURISDICTION

A

Gives courts the power to reach out-of-state persons

25
Q

Minimum Contacts Standard

PERSONAL JURISDICTION

A

1) Suit does not offend traditional notions of Fair Play & Justice
2) Defendant could Reasonably Anticipate litigation

26
Q

Minimum Contacts – Corporations:

PERSONAL JURISDICTION

A
  • Purposeful Availment
  • Systematic & Continuous Activities
27
Q

IN REM JURISDICTION

IN REM JURISDICTION

A

Jurisdiction over an object/property

28
Q

Quasi in rem Jurisdiction:

QUASI IN REM JURISDICTION

A

Going after property to satisfy a judgment against an individual

29
Q

Service of Process:

SERVICE OF PROCESS

A

1) Only in the state where district court sits OR
2) Anywhere allowed by long-arm statute

30
Q

100 Mile Bulge Rule:

SERVICE OF PROCESS

A

1) Out-of-state service allowed within 100 mile radius
2) Only for out-of-state 3rd party defendants/indispensable parties

31
Q

Service of Process & Notice:

SERVICE OF PROCESS

A
  • Method must give adequate NOTICE
32
Q

Proper Ways to Serve Process:

SERVICE OF PROCESS

A

1) Personal Service by non-party over 18
2) At Home with person of suitable age
3) First Class Mail
4) Authorized Agent
5) State Law Methods

33
Q

(Acronymn Thingy)

AdaptiTip
Remember, don’t get stung by** A WASP**

SERVICE OF PROCESS

A

A - Abode
W - Waiver
A - Agent
S - State method
P - Personal service

34
Q

Out-of-State Service of Process

SERVICE OF PROCESS

A

1) Mail
2) Newspaper if no other reasonable way

35
Q

Service of Process – Corporations:

SERVICE OF PROCESS

A

1) Officer or Designated Agent
2) Anyone of sufficiently high placement

Examples:
Not high placement
o Intern
o Guy in mail room
Sufficiently high placement
o Vice President
o Registered Agent
o CEO Emeritus

36
Q

~ Define Removal ~

REMOVAL & REMAND

A

When a State Court case could have originally been brought in Federal Court

37
Q

AdaptiTip:
Who is removal not allowed for?
(S____ . A ____)

REMOVAL & REMAND

A

Removal is not allowed for state agencies

38
Q

Who Can Remove:

REMOVAL & REMAND

A

1) Only DEFENDANT may remove 2) ALL defendants must agree

39
Q

Removal – Timing:

REMOVAL & REMAND

A
  • Filed within 30 DAYS of service of Complaint
40
Q

Diversity Cases:

REMOVAL & REMAND

A

1) Case cannot be removed more than 1 year after start
2) Defendant cannot remove if he is a citizen of forum state

41
Q

Multiple Claims:

REMOVAL & REMAND

A
  • If one claim is removable, then the entire case can be removed
42
Q

Definition – Remand

REMOVAL & REMAND

A

Plaintiff wants to bring case back to State Court after improper Removal

43
Q

Remand – Timing:

REMOVAL & REMAND

A
  • Within 30 DAYS of filing of Notice of Removal
  • Defendant has burden to show Removal was proper
44
Q

Definition – Venue

VENUE

A

The proper Federal District Court for the case

45
Q

Proper Venue exists:

VENUE

A

1) Where any defendant resides, if all defendants reside in same state
2) Where substantial part of events took place
ONLY IF 1 & 2 DON’T APPLY:
3) Where there is Personal Jurisdiction over defendant

46
Q

Venue – Corporations:

VENUE

A

1) Principal place of business
2) Any district in state of incorporation

47
Q

AdaptiTip:
Venue is based on where {_______} resides

VENUE

A

Venue is based on where DEFENDANT resides

48
Q

Transfer of Venue – Proper Venue

VENUE

A

1) Court may TRANSFER to another district
2) For the convenience of parties & interest of justice
3) Law of original venue will apply

49
Q

Transfer of Venue – Improper Venue:

VENUE

A

1) Judge must dismiss OR transfer in the interest of justice
2) Transfer to any district where the case could have originally been brought

50
Q

Transfer by Consent:

VENUE

A
  • Both parties must consent
51
Q

Dismissal for Improper Venue:

VENUE

A
  • If the more convenient forum is a foreign country

AB Worksheets (33 decks)

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