Civil Procedure: Jurisdiction and Venue

Question 1

What are the types of subject-matter jurisdiction?

Answer 1

1. Federal Question Jurisdiction
2. Diversity Jurisdiction
3. **Supplemental **Jurisdiction

Question 2

Define:federal question jurisdiction

Answer 2

Jurisdiction for any claims “arising under” the Constitution, federal law, or United States treaties

28 U.S.C. § 1331

Question 3

Elements of federal question jurisdiction

Answer 3

1. There is a federal question in dispute; and
2. Question is on the face of a well-pleaded complaint

More info: Federal Question Jurisdiction

Question 4

What is the well-pleaded complaint rule?

(also known as the Mottley Rule)

Answer 4

P must state that D has already violated a federal law on the face of the complaint to qualify as federal question jurisdiction.
Federal question cannot be asserted as a defense (by P or D) - the issue must be asserted by P on the face of the complaint

⚠️ Note: P can’t anticipate that D will violate a federal question in the future; the violation must have already occurred to satisfy the well-pleaded complaint rule.

Question 5

What is diversity jurisdiction and when does it exist?

Answer 5

Jurisdiction based on the citizenship of the plaintiff and defendant.
Exists when:1. There is complete diversity between parties (no party is a citizen of the same state as the other party); and
2. Amount in controversy is greater than $75,000

28 U.S.C. § 1332

Question 6

How is citizenship for diversity jurisdiction determined for: 1. Persons? 2. Corporations?

Answer 6

1. Persons: citizen of the state in which they are domiciled (i.e. where they currently reside and intend to remain indefinitely). *Only one domicile allowed.
2. Corporations: citizen of the state where the company is incorporated and/or maintains its principal place of business. Can be domiciled in more than one state.

Question 7

Where is a corporation’s principal place of business?

Answer 7

The place where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities, i.e. “the brain/nerve center.” Typically the corporate headquarters.

Question 8

True or False: In a suit between a party and a corporation, the party must be diverse from both the corporation’s place of incorporation and principal place of business to satisfy the requirements for diversity jurisdiction.

Answer 8

True. Complete diversity between the place of incorporation and principal place of business must exist to satisfy diversity.

Question 9

An unincorporated association is a citizen of which state?

Answer 9

28 U.S.C. § 1332(c). The Supreme Court holds that an unincorporated legal entity is a citizen of every State in which any of its members are citizens

Question 10

When is complete diversity not required for diversity jurisdiction?

Answer 10

In class actions when:
1. There are more than 100 members in P’s class;
2. The amount in controversy is greater than $5 million; and
3. Any individual member of the class is diverse from any individual D

Question 11

Do damages of $75,000 satisfy the amount in controversy?

Answer 11

No, must be greater than $75,000.

Question 12

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is:
* One plaintiff, one defendant
* Multiple plaintiffs, one defendant
* Multiple defendants, one plaintiff

Answer 12

• One plaintiff, one defendant: Yes
• Multiple plaintiffs, one defendant: Yes, if common or undivided interest
• Multiple defendants, one plaintiff: No

Question 13

Is diversity reevaluated when a complaint is amended?

Answer 13

Yes, reevaluated at the time of the amendment.

Question 14

How is diversity jurisdiction satisfied if the suit involves the death of 75 or more people?

Answer 14

Diversity is satisfied as long as one P is diverse from one D.

28 USC § 1369(a)(1)

Question 15

Define: supplemental jurisdiction

Answer 15

Power for courts to hear a claim that does not have SMJ as long as the claim is substantially related to one for which SMJ does exist.

28 U.S.C. § 1367

Question 16

If the court has federal question jurisdiction, how do you determine whether supplemental jurisdiction exists?

Answer 16

Ask: Do the claims arise from the same transaction or occurrence? (i.e. share a “common nucleus of operative fact”?)If yes, supplemental jurisdiction likely exists

28 USC § 1367

Question 17

If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists?

Answer 17

Ask:
1. Do the claims arise out of the same transaction or occurrence?
If yes, proceed to question two:
2. Is P bringing the claim in order to bring in a new party pursuant to FRCP 14 (third-party plaintiff), 19 (mandatory joinder), 20 (permissive joinder), or 24 (intervention)?If yes, proceed to question three:
3. Will the new party’s presence in the lawsuit maintain diversity jurisdiction? (i.e. not destroy diversity jurisdiction)If yes, then supplemental jurisdiction exists.
Remember this exception only applies when P brings a claim that would add the new party to the suit. The rule exists to prevent P’s from skirting the requirements of diversity jurisdiction by joining parties

28 § U.S.C. 1367(b)

Question 18

In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met?

Answer 18

When:
1. Claim raises a novel or complex issue of state law;
2. State law claim substantially predominates;
3. District court has dismissed all other claims over which it has original jurisdiction; or
4. In exceptional circumstances, if there are other compelling reasons for declining jurisdiction

28 U.S.C. § 1367(c)

Question 19

Define: removal jurisdiction

Answer 19

Allows federal courts to hear cases that are removed from state court to federal court in the same district where the suit is pending.

28 USC § 1441

Question 20

When can a case be removed? (generally)

Answer 20

When P could have filed original complaint in federal court.

⚠️ Federal court must have federal question, diversity, or supplemental jurisdiction over all claims

Question 21

Hypo: P files complaint based on state law. D files answer asserting federal question and seeks to remove to federal court. Should removal be allowed?

Answer 21

No, because of the well-pleaded complaint rule. Federal question jurisdiction cannot be based on the answer - must be asserted on the face of the complaint.

Question 22

Which parties can seek to remove a case?

Answer 22

Defendants only. P’s can never seek to remove, even if the D’s filed a counterclaim.

28 USC § 1441(a)

Question 23

When is removal based on diversity jurisidiction allowed?

Answer 23

1. D is not a citizen of the state in which the action was filed;
2. It is less than a year after filing; and
3. Diversity existed at the time of filing and when the notice for removal was filed (unless P dismissed the party who would have destroyed diversity jurisdiction)
4. Amount in controversy exceeds $75,000 (you may remove for injunction relief in some cases)

28 USC § 1446(c)

Question 24

What are the special requirements for removal based on federal question?

Answer 24

The well-pleaded complaint rule must be satisfied (i.e. the federal question must be presented on the face of the original complaint).

Question 25

What is the rule for removal when there are multiple D’s?

Answer 25

All D’s must agree to removal, or else case must remain in state court.

28 USC §1446(b)(2)(A)

Question 26

How does a D seek to remove and within what time frame?

Answer 26

File a notice to remove with federal court within 30 days after grounds for removal became apparent (i.e. when D was served with process)

28 USC § 1446(b)

Question 27

If P sues multiple D’s, how long do the D’s have to remove?

Answer 27

Each D has 30 days from the date they were made aware of the grounds for removal.

28 USC § 1446(b)(2)(B)

Question 28

What can P do if the removal was improper?

Answer 28

Request remand to state court.

Question 29

Define: personal jurisdiction

Answer 29

Court’s power to exercise jurisdiction over parties or property in the case, limited by the Constitution or statute. Balances justice and fairness with individual rights.

More info: Personal Jurisdiction

Question 30

What are the 3 types of PJ?

Answer 30

1. In personam (over person)
2. In rem (over property)
3. Quasi-in rem (over property not involved in suit)

Question 31

To satisfy due process for PJ, what two general things must exist?

Answer 31

1. Minimum contacts with the state such that it does not offend traditional notions of fair play and substantial justice; and
2. Notice

Question 32

What is the minimum contacts analysis for PJ?

Answer 32

1. Did D purposefully avail himself of the forum (such that it was foreseeable litigation could occur)? 2. Did the injuries arise out of that purposeful availment; and 3. Would exercise of PJ violate notions of fair play and substantial justice?

Note: It is extremely rare for PJ to violate notions of fair play and substantial justice if D has minimum contacts with the state.International Shoe v. State of Washington, 326 U.S. 310 (1945)

Question 33

What constitutes purposeful availment?

Answer 33

Deliberately directing activities at the forum state (i.e. contacts are not “random,” “fortuitous,” or “attenuated”).
Examples of purposeful availment include:
* Directly soliciting business from state residents
* Entering into contracts with state residents
* Agreeing to a choice of law clause for the forum state

World-wide Volkswagen v. Woodson, 444 U.S. 286 (1980)

Question 34

Can purposeful availment be established even if D has no offices, property, or employees in the forum?

Answer 34

Yes. For example, purposeful availment can exist if D has contracted with other businesses in the state, directed advertising specifically at the state, etc.

Question 35

What factors does the court balance when determining whether PJ would violate “traditional notions of fair play and substantial justice”?

Answer 35

1. Burden on D (primary concern);
2. Forum state’s interest in hearing the suit;
3. P’s interest in obtaining convenient and effective relief;
4. State’s interest in efficient adjudication; and
5. Furtherance of social policies

World-wide Volkswagen v. Woodson, 444 U.S. 286 (1980)

Question 36

Is putting a product into the stream of commerce sufficient to establish minimum contacts?

Answer 36

No, merely placing a product into the stream and knowing it will end up in the forum is not sufficient. D must engage in other deliberate activities in the forum (such as advertising or servicing the products).

Question 37

How do you determine whether cases involving the internet/websites have minimum contacts?

Answer 37

Look at how much interaction the resident has with the website:
1. Passive websites: no ability to transmit info, only viewable (rare for mimimum contacts to exist)
2. Interactive: resident of a state inputs info into website but doesn’t enagage in transactions (further context needed to determine whether minimum contacts exist)
3. Active: resident actively engages with website, completes transactions, inputs info, etc. (minimum contacts exist)

Question 38

Define: specific jurisdiction

Answer 38

Exists when the claim is related to D’s contacts in the forum state.

Examples include: Committing a tortious act in a state Signing a contract in a state

Question 39

Define: general jurisdiction

Answer 39

Only exists when D’s contacts with the forum state are so continuous and systematic as to render the D essentially at home.

⚠️ General jurisdiction is rare. It typically only exists for corporations in their state of incorporation or principal place of business.

Question 40

Will a court have PJ over D just because D has property in the state?

Answer 40

No, D must still have minimum contacts for PJ to exist.

Question 41

What are 3 ways a party can consent to personal jurisdiction?

Answer 41

1. Appearance: occurs when a party appears in court without having objected to personal jurisdiction in their initial filing or appearance;
2. Contract: a signed contract containing a choice of forum clause; and
3. Appointment: the party is an appointed agent in the state where it is filed

Question 42

If a court has PJ over D and renders a judgment, can another state seize D’s property located in that state, even if the D doesn’t have minimum contacts in that state?

Answer 42

Yes (quasi in rem jurisdiction)

Question 43

Does a state gain PJ over a D if they are passing through to attend another judicial proceeding?

Answer 43

No, not if D is just passing through to attend a judicial proceeding. However, if D is present in the forum state and not just passing through, PJ can be exercised.

Question 44

If D is able to establish that there was no PJ due to improper service, is D entitled to have a default judgment set aside as void?

Answer 44

Yes, D can seek to have the judgment vacated.

⚠️ Note: The one year statute of limitations for motion to set aside a judgment will not apply - there is no time limit.

Question 45

What is required to satisfy due process when exercising PJ?

Answer 45

Notice (i.e. reasonably calculated steps to inform D of the action against him)

Question 46

How can process be served?

Answer 46

In the manner either:
1. Prescribed by the state court in the state where the federal suit has been filed; or
2. Prescribed by the state court in the state where D will be served; or
3. Specified in FRCP 4(e)(2) –> (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.

Question 47

What are the acceptable methods of service specified in FRCP 4?

Answer 47

1. Deliver the process to D himself wherever he may be; 2. Leave process at D’s home with someone of suitable discretion who also lives there; 3. Serve D’s registered agent; 4. Mail service to D, requesting waiver (if mailed, D gets 3 extra days to respond); or 5. Any other method prescribed by the state where the federal court is located

FRCP 4

Question 48

What are the methods prescribed by FRCP 4(h) for service of process for a corporation?

Answer 48

1. Serve process to an officer; 2. Serve process on a managing agent or general agent; or 3. Serve process on any other agent authorized by appointment or by law to receive service (e.g. registered agent)

FRCP 4(h)

Question 49

What documents does D need to be served with to satisfy service of process?

Answer 49

1. A copy of the complaint; and 2. A summons (must be signed by the court clerk and identify the parties, the court, & plaintiff’s attorney as well as when and where to appear)

⚠️ Note: If both the complaint & summons have not been served, process has not been completed.

Question 50

Who is eligible to serve process?

Answer 50

Any person who is at least 18 years old and not a party to the action.

FRCP 4(c)(2)

Question 51

What is the deadline for service of process?

Answer 51

Within 90 days of filing the complaint.

FRCP 4(m).

Question 52

What happens if P fails to timely serve process?

Answer 52

The court, either on motion or on its own after notice to P, must dismiss the action without prejudice or order that service be made.

⚠️ Note: If P shows good cause for the failure, the court must extend the time for service for an appropriate period.FRCP 4(m)

Question 53

Does failure to file proof of service affect the validity of the service?

Answer 53

No, although proof of service is required (unless service is waived), failure to prove service does not make the service invalid.

FRCP 4(l)(3)

Question 54

If new claims are filed during a lawsuit, does new process need to be served?

Answer 54

No, new service of process only needs to be served when a new party is been added to the lawsuit.

Question 55

Can P request that D waive service?

Answer 55

Yes, P can request waiver by mailing D a copy of the complaint along with 2 copies of the form for waiver of process.

FRCP 4(d)(1)

Question 56

If D waives service, how long do they have to respond to the complaint?

Answer 56

60 days after the request was sent (90 days for international defendants)

FRCP 4(d)(3)⚠️ Note: If process is not waived, an answer must be filed within 21 days, absent other instruction from the court.

Question 57

Does waiver of service waive D’s right to object to PJ or venue?

Answer 57

No.

FRCP 4(d)(5).

Question 58

If an action is based on duties performed on behalf of the U.S. (e.g. federal marshal), how must process be served?

Answer 58

Both the individual and the U.S. needs to be served.

FRCP 4(i)

Question 59

Define: venue

Answer 59

Location where suit can occur (called “judicial district” in federal court)

Question 60

Where is venue proper?

Answer 60

1. District where D resides, if all D’s are residents of the state in which the district is located; or
2. District where a substantial portion of events giving rise to the claim occurred; or, if none of these provide basis for venue then →
3. Any district that has PJ over any D

28 USC § 1391(b)

Question 61

If D’s reside in the same state, where is venue proper?

Answer 61

Any judicial district in which any single D resides

28 USC § 1391(b)(1)

Question 62

If D’s reside in multiple states, where is venue proper?

Answer 62

1. Location where a substantial part of the events occurred; or 2. Location where the disputed property is located

28 USC §1391(b)(2)

Question 63

For venue purposes, where do corporations reside?

Answer 63

If corporation is the defendant: any judicial district in which they are subject to personal jurisdiction.
If corporation is the plantiff: judicial district in which it maintains its principal place of business.

28 USC § 1391 (c)(2)

Question 64

Where can a party transfer venue if:
1. Original venue was proper?
2. Original venue was improper?

Answer 64

1. Original venue proper: As long as the new district would also have proper venue, the transfer will be granted if the new district is more convenient for the suit.
2. Original venue improper: any district where venue would be proper.

28 USC § 1404.28 USC §1406(a).

Question 65

If venue is transferred under 28 USC § 1404 (motion/consent of the parties, or convenience), the new court must apply the rules of which court?

Answer 65

The laws of the state of the transferor (original) court, including conflict of laws rules.

Question 66

What is forum non conveniens? When is it proper?

Answer 66

Gives courts the discretion to dismiss a suit when there is a more appropriate forum, even if venue was proper. Proper when:
1. Alternate forum exists; and
2. Balance of public and private factors justify dismissal

More Info: Forum Non Conveniens