Civil Procedure _ Jurisdiction & Venue Flashcards
Subject-Matter Jurisdiction
SUBJECT-MATTER JURISDICTION
1) Diversity of Citizenship
2) Federal Question
Amount in Controversy
SUBJECT-MATTER JURISDICTION
- Must be in excess of $75K
- Court must have** “legal certainty”**
Adding Claims
SUBJECT-MATTER JURISDICTION
- Plaintiff can ADD claims if one exceeds $75K
- Single Plaintiff can ADD claims against Single Defendant to reach $75K
Multiple Plaintiffs:
SUBJECT-MATTER JURISDICTION
- If Single Plaintiff meets $75K then other plaintiffs can join
- Cannot join if no Single Claim exceeds $75K
Class Action
One named member must meet $75K
Diversity Jurisdiction
1) Case exceeds $75K
2) Complete Diversity of Citizenship
Definition – Diversity of Citizenship
SUBJECT-MATTER JURISDICTION
No plaintiff may be a citizen of the same state as any defendant
Citizenship – Domicile
SUBJECT-MATTER JURISDICTION
Present location & Intent to stay
Foreign Citizens
SUBJECT-MATTER JURISDICTION
- US Citizen + Foreign Citizen = Diversity
- Two Foreign Citizens = NO Diversity
Corporation – Domicile
SUBJECT-MATTER JURISDICTION
- State of incorporation AND
- Principal place of business
Joining Parties:
SUBJECT-MATTER JURISDICTION
- CANNOT join a party just to obtain Diversity
Federal Question
SUBJECT-MATTER JURISDICTION
- Plaintiff’s claim must be based on federal law
- Well-Pleaded Complaint Rule: Federal issue must be obvious
AdaptiTip
Is federal issue as a defense a federal question?
SUBJECT-MATTER JURISDICTION
Federal Issue as a defense is NOT a federal question
Federal Question Cases:
SUBJECT-MATTER JURISDICTION
- Admiralty
- Maritime
- Intellectual Property
Define Supplemental Jurisdiction
SUPPLEMENTAL JURISDICTION
Supplemental Jurisdiction
May add claims without subject-matter jurisdiction if **they arise **from a “common nucleus of facts”
Diversity Cases:
SUPPLEMENTAL JURISDICTION
- New party cannot destroy diversity of citizenship
Supplemental Jurisdiction – Allowed:
SUPPLEMENTAL JURISDICTION
1) Compulsory Counterclaim
2) Joinder in Compulsory Counterclaim
3) Cross-claim
4) Impleader of 3rd Party Defendants
Supplemental Jurisdiction – NOT Allowed: (4)
SUPPLEMENTAL JURISDICTION
1) Original Plaintiff vs. 3rd Party Defendant
2) Compulsory Joinder
3) Joinder of Defendants
4) Intervention
Supplemental Jurisdiction & Discretion:
SUPPLEMENTAL JURISDICTION
Court has DISCRETION to apply
Supplemental Jurisdiction
AdaptiTip -
if D tries to add - Yay or Nay?
if P trying to add - Yay or Nay?
SUPPLEMENTAL JURISDICTION
- If defendant is trying to add, generally ok
- If the plaintiff is trying to add, generally not ok
PERSONAL JURISDICTION
- definition
Definition – Personal Jurisdiction:
* In personem
* Ability to bring the individual into court
{Personal Jurisdiction}
General Rules:
PERSONAL JURISDICTION
1) Present/ Personally Served
2) Domiciled
3) Consent
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
If you are in the state for a different proceeding or because of fraud, the court will not be able to get personal jurisdiction
Long-Arm Statute:
PERSONAL JURISDICTION
Gives courts the power to reach out-of-state persons
Minimum Contacts Standard
PERSONAL JURISDICTION
1) Suit does not offend traditional notions of Fair Play & Justice
2) Defendant could Reasonably Anticipate litigation
Minimum Contacts – Corporations:
PERSONAL JURISDICTION
- Purposeful Availment
- Systematic & Continuous Activities
IN REM JURISDICTION
IN REM JURISDICTION
Jurisdiction over an object/property
Quasi in rem Jurisdiction:
QUASI IN REM JURISDICTION
Going after property to satisfy a judgment against an individual
Service of Process:
SERVICE OF PROCESS
1) Only in the state where district court sits OR
2) Anywhere allowed by long-arm statute
100 Mile Bulge Rule:
SERVICE OF PROCESS
1) Out-of-state service allowed within 100 mile radius
2) Only for out-of-state 3rd party defendants/indispensable parties
Service of Process & Notice:
SERVICE OF PROCESS
- Method must give adequate NOTICE
Proper Ways to Serve Process:
SERVICE OF PROCESS
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
(Acronymn Thingy)
AdaptiTip
Remember, don’t get stung by** A WASP**
SERVICE OF PROCESS
A - Abode
W - Waiver
A - Agent
S - State method
P - Personal service
Out-of-State Service of Process
SERVICE OF PROCESS
1) Mail
2) Newspaper if no other reasonable way
Service of Process – Corporations:
SERVICE OF PROCESS
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
~ Define Removal ~
REMOVAL & REMAND
When a State Court case could have originally been brought in Federal Court
AdaptiTip:
Who is removal not allowed for?
(S____ . A ____)
REMOVAL & REMAND
Removal is not allowed for state agencies
Who Can Remove:
REMOVAL & REMAND
1) Only DEFENDANT may remove 2) ALL defendants must agree
Removal – Timing:
REMOVAL & REMAND
- Filed within 30 DAYS of service of Complaint
Diversity Cases:
REMOVAL & REMAND
1) Case cannot be removed more than 1 year after start
2) Defendant cannot remove if he is a citizen of forum state
Multiple Claims:
REMOVAL & REMAND
- If one claim is removable, then the entire case can be removed
Definition – Remand
REMOVAL & REMAND
Plaintiff wants to bring case back to State Court after improper Removal
Remand – Timing:
REMOVAL & REMAND
- Within 30 DAYS of filing of Notice of Removal
- Defendant has burden to show Removal was proper
Definition – Venue
VENUE
The proper Federal District Court for the case
Proper Venue exists:
VENUE
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
Venue – Corporations:
VENUE
1) Principal place of business
2) Any district in state of incorporation
AdaptiTip:
Venue is based on where {_______} resides
VENUE
Venue is based on where DEFENDANT resides
Transfer of Venue – Proper Venue
VENUE
1) Court may TRANSFER to another district
2) For the convenience of parties & interest of justice
3) Law of original venue will apply
Transfer of Venue – Improper Venue:
VENUE
1) Judge must dismiss OR transfer in the interest of justice
2) Transfer to any district where the case could have originally been brought
Transfer by Consent:
VENUE
- Both parties must consent
Dismissal for Improper Venue:
VENUE
- If the more convenient forum is a foreign country
