Civil Procedure - PJ and DJ Flashcards
July 2010
What must a federal court have over a defendant for its judgment to be binding?
Personal jurisdiction
Personal jurisdiction is essential for the validity of a court’s judgment.
What is the relationship between a federal court’s power of personal jurisdiction and state courts?
A federal court power of PJ is Coterminous with that of the courts of general jurisdiction in the state it is located in.
This means they share the same limits regarding personal jurisdiction.
What do most states have that allows courts to exercise personal jurisdiction to the fullest limits of due process?
Long arm statutes allow courts to exercise personal jurisdiction to the fullest limits of due process under the 14th Amendment.
Under Supreme Court precedent, what allows a State Court to exercise PJ over a non-resident?
A non-resident defendant must have minimum contacts with the state
Such that the court’s exercise of jdx does not offend traditional notions of fair play and substantial justice.
What are the two types of personal jurisdiction?
- General Jurisdiction
- Specific Jurisdiction
Each type has different criteria for when a court can exercise personal jurisdiction.
When does General Jurisdiction exist?
When the Defendant’s contacts with the forum state are so substantial and of such nature that the** defendant is essentially “at home” in the state.**
What are the criteria for a corporation to be considered ‘at home’ in a state for the purposes of general jurisdiction?
- Incorporated in the state
- Maintains its principal place of business in the state. (Nerve center, where all its major decisions are made)
If general jurisdiction exists, what can happen regarding claims against the defendant?
The defendant may be sued on any claim.
This includes claims not arising from contacts with the forum state.
When may a court exercise Specific Jurisdiction over a non-resident defendant?
A nonresident defendant may be subject to specific jurisdiction when the suit arises out of or related to the defendant’s contacts with the forum state.
There must be a clear connection between the controversy and the state.
What must the exercise of specific jurisdiction comply with?
Due process and traditional notions of fair play and substantial justice
Must be fair and reasonable for defendant to be sued in the forum state.
The burden is on the defendant to show unreasonableness.
What type of jurisdiction exists when there is diversity of citizenship amoungst the all the plaintiffs and defendants?
Diversity Jurisdiction
This occurs when no plaintiff is a citizen of the same state as any defendant.
What is the minimum amount in controversy for Diversity Jurisdiction?
Greater than $75,000
This threshold is required for federal jurisdiction based on diversity.
How is state citizenship determined for individuals?
By domicile
Domicile considers both residence and intent to establish a permanent home.
What two factors must be established concurrently for a change in domicile?
- Party’s residence
- Subjective intent to make the state their permanent home
Both factors are necessary to determine a change in domicile.
What determines the state of citizenship for a business entity?
- Principal place of business
- Any state where it is incorporated
What do courts look at to determine if the amount in controversy meets the limit?
Good faith allegations of the complaint
Courts assess the plaintiff’s claims rather than potential defenses.
What type of jurisdiction applies to claims arising under the laws of the United States?
Federal Question Jurisdiction
This is based on the nature of the claims made by the plaintiff.
In determining Federal Question Jurisdiction, what do courts focus on?
Claims pled by the plaintiff
The focus is on the plaintiff’s claims, not on possible defenses.
