Civil Procedure (Federal) Flashcards
FCP: What are the big questions to resolve about the right court?
- Is there PJ
- Is there SMJ
- Are we in the correct venue?
FCP: How do you conclude the court has personal jurisdiction?
- Must satisfy state statute and constitution. CA statute reaches to the extent of the constitutional requirement.
- Constitution requires that D have such minimum contacts with a jurisdiction to show that he purposefully availed himself of the state, suits were foreseeable, and suit is fair
Federal PJ - What is specific jurisdiction? How about general jurisdiction
S – claim arises from D’s contact with the forum
G – D is at home in the forum. Human is always at home where domiciled. Corp is at home where it is incorporated and where it has its PPB
Federal PJ - How do courts assess fairness?
- burden on D and witnesses
- state’s interest (e.g., if P is a citizen)
- P’s interest
FCP - Does D have a right to notice? How?
Yes, through service of process
FCP - What’s required for service of process?
- Summons
2. Copy of the Complaint
FCP - Who can serve process?
Any non-party who is at least 18
FCP - When must you serve process?
No more than 90 days after filing the complaint
FCP - What are four permissible ways to serve process?
Personal // Substituted // On D’s Agent // Any permissible State method (e.g., CA by mail or publication)
FCP - how serve process on a corporation?
- Officer // managing agent // general agent
2. state law methods
FCP - how serve process in a foreign country?
- Method permitted under int’l agmt
- permitted US methods
- permitted by foreign country’s law
FCP - can you waive formal service of process?
Yes, P can mail the D a notice and request to waive formal service of process.
FCP - what are the requirements for service of litigation documents other than process?
No summons necessary and don’t typically require the same formalities
FCP - state general rule of subject matter jurisdiction
A federal only has the power to hear cases over which it has appropriate constitutional authority. In general, a court must have authority because a case meets the diversity requirements or raises a political question
FCP - how does a case meet requirements for diversity jurisdiction?
- Appropriate litigants: (i) every P must be from a different state from every D or (ii) citizen of US state and citizen of foreign country
- Amount in controversy exceeds $75K. (good faith claims are sufficient)
FCP - where is a natural person a citizen of for purposes of SMJ?
Where you are domiciled, which = (i) present + (ii) intent to stay. Only analyze when case is filed.
FCP - where is a corp domiciled for purposes of SMJ?
- Every state where incorporated
2. State where it has its PPB
FCP - what is requirement for federal question jurisdiction?
Only need to show that P has a “well pleaded complaint” under which it is attempting to enforce a right granted under federal law
FCP - When can D attempt to remove a case?
No later than 30 days after service of process. This period begins anew for each D when he is served.
FCP - Do you need all Ds to remove?
Yes
FCP - Can P remove?
No
FCP - What is removal?
When original case is filed in state court and D wants to “remove” the case to federal court
FCP - What jurisdiction is required to grant a notice of remove?
Any case that meets the requirements for Diversity or FQ jurisdiction
FCP - is there a time limit on filing a notice of removal?
Yes, in a diversity jurisdiction case, the removal cannot occur more than one year after the case was filed in state court