Class 1: Subject Matter Jurisdiction

Question 1

Jurisdiction

Answer 1

The power of the court to DECLARE the law.

Question 2

General themes of civil procedure 1

Answer 2

1) Efficiency

2) strategy of a lawsuit

Question 3

“In law and in equity”

Answer 3

• Law refers to monetary damages or remedies.

- equity refers to non-monetary remedies. E.g. Injunctions, Promissory estoppel, etc…

Question 4

Louisville & Nashville Railroad v. Mottley

5 rules

Answer 4

1) courts can raise matters of subject – matter jurisdiction on its own or sua sponte.
2) The court looks only to the complaint to determine subject matter jurisdiction, this is called the well pleaded complaint rule.
3) parties cannot waive subject matter jurisdiction.
4) subject matter jurisdiction maybe challenged it anytime, it may also be raised for the first time on appeal.
5) orders entered without proper subject matter jurisdiction are VOID or Unenforceable.

Question 5

28 U.S.C. 1331 - federal question jurisdiction

Answer 5

District courts have original jurisdiction of all civil matters arising under the Constitution, laws, or treaties of the United States of America.

Question 6

Fed Rule of Civil Procedure (12)(B): How to Present Defenses

Answer 6

“A party may assert the following defenses by motion”:

1) Lack of Subject matter jurisdiction
2) Lack of Personal Jurisdiction
3) Improper venue.
4) Insufficient process
5) Insufficient service of process
6) Failure to State a Claim upon which relief can be granted.
7) Failure to join a party under rule 19.

Question 7

28 U.S.C. 1332: Diversity Jurisdiction

Answer 7

The District court shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000 (Exclusive or interest or costs); and it is between:
1) Citizen’s of different states
2) Citizens and Citizens of Foreign States
3) Citizens of Foreign States that are additional parties
4) A foreign State is the plaintiff.
(Determined at the time litigation began)

Question 8

Strawbridge v. Curtiss (Complete Diversity Rule)

Answer 8

- Complete Diversity on both sides of the "v". 
Exceptions: 
1)  Class Actions 
2) Federal Statutory Interpleader
3) Federal Declaratory Judgement Act
   - Minimal Diversity

Question 9

Burden to Establish Subject Matter Jurisdiction

Answer 9

• The Plaintiff must establish Subject Matter Jurisdiction

Question 10

Redner v. Sanders (Citizen v. Resident)

Answer 10

• Resident of a foreign State cannot sue Citizens of NY under diversity Jurisdiction.
• Must be foreign “Citizen” to be proper jurisdiction.
• Or must be suing with another Citizen of a different US State。

Question 11

Citizenship of a Corporation

Answer 11

1) Where the Corporation is incorporated.

2) Principal Place of Business.

Question 12

Principle Place of Business

Answer 12

• Place where a corporation’s officers direct, control, and coordinate the corps activities.
  
  • “Nerve Center” - normally headquarters
  • Center for control - not just a meeting place”.

Question 13

ORIGINAL JURISIDICTION OF THE SUPREME COURT:

Answer 13

1) Ambassadors, ministers & Consuls
2) State v. State
Other matters = Appellate Jurisdiction

Question 14

“State Citizenship” = Domicile

Answer 14

1) Physical Presence

2) Intent to remain in a State indefinitely.

Question 15

Louisville & Nashville Railroad v. Mottley

Well Pleaded Complaint Rule

Answer 15

1) A suit only arises under the Constitution and Laws of the United States when the plaintiff’s cause of action is based on those laws or that Constitution.
2) It is NOT enough that the defendant alleges some anticipated defense to the action and asserts that the defense is invalidated by the Constitution.

Question 16

(Rule against Collateral Attacks on SM Jurisdiction)

Answer 16

1) Subject Matter Jurisdiction cannot be challenged in a separate law suit.

Question 17

Personal Jurisdiction Rule on Collateral Attack

Answer 17

1) Can be challenged in a separate lawsuit if there was no personal jurisdiction in the first place, and
2) the defendant never appeared.

Question 18

Hertz Corp v. Friend Test:

Answer 18

1) Principle Place of Business Test or (The Nerve Center Test)
2) Principle place of business is defined as the place where a corporations officers direct, control, and coordinate Corporate Activities.
3) The Corporate “Never Center” is usually the headquarters
4) Must be a center of control, and not just a meeting place.

Question 19

Amount in Controversy (Aggregation)

Answer 19

1) Single Plaintiff (2 or more unlrelated claims) against a Single Defendant = Can Aggregate
2) Two Plaintiffs v. Single Defendant (Cannot Aggregate if claims are separate and distinct)
3) Two Plaintiffs (One meets the Statutory Min) = OK – if the second plaintiffs claim arises out of the same case and controversy = Supplemental Jurisdiction

Question 20

CLASS ACTIONS (Amount in Controversy)

Answer 20

• Can aggregate if claims of all the members of the class = 5 Million or More.
• Some Individually meet the Statutory Minimum
• One can meet the Statutory Minimum (Others can take advantage of Supplemental J.)

Question 21

RULE: 28 U.S.C. 1338 – Patents, plant variety protection, copyrights…etc…
District courts shall have original jurisdiction over (NO STATE JURISDICTION)

Answer 21

1) Patents
2) Plant Variety Protection
3) Copyrights and Trademarks

Question 22

SUPPLEMENTAL JURISDICTION

Answer 22

• In cases that fall under the Federal court jurisdiction there is Supplemental Jurisdiction over State based claims that form part of the same:
  1) “Case and Controversy” under Article III.
  2) Inclusive of Joinder and Intervention

Question 23

Removal

Answer 23

28 USC 1446

Defendant must file notice with the state court within 30 days of notice of a claim to remove.

Question 24

Remand

Answer 24

28 uSC 1447

Motion to remain - filed within 30 days after the filing of the notice of removal (unless SM Jurisdiction).

Question 25

VENUE
28 USC 1361
Venue correct in Judicial Districts:

Answer 25

1) Where any defendant resides, if they all reside in the same state.
2) Where a substantial part of the events or omissions giving rise to the claim occurred.
3) A judicial district in which any defendant is found to be subject to personal jurisdiction, if there is no district in which the action may otherwise be brought.

NOTES:

• Venue localizes jurisdiction to a particular Federal Judicial District.
• Corporate Defendant is deemed (FOR VENUE PURPOSES) to reside wherever it is subject to personal jurisdiction.
• MUST HAVE MINIMUM CONTACTS WITH THE DISTRICT.

Question 26

Venue: Corporations

Answer 26

Resides in any judicial district in which it is subject to personal jurisdiction.

Question 27

Change of Venue

Answer 27

28 USC 1404

• (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
• Done on motion, consent, or stipulation
• can be transferred to any federal district court.

Question 28

Forum NOn Conveniens TEST: Gilbert Test

Answer 28

Balancing Test of Private and Public Factors:

1) Private Factors include:
a. Relative ease of access to sources of proof
b. Availability of compulsory process for attendance of unwilling
c. Cost of obtaining attendeance of willing, witnesses;
d. Possibility of view of premises,
e. All other practical problems that make trail of a case easy, expeditious and inexpensive.
2) Public factors include
a. Administrative difficulties from burdensome caseloads
b. Local interest in having localized controversies decided at home
c. Interest in having trail of a diversity case in a forum that is at home with the law that must govern the action
d. Avoidance of unnecessary problems in conflict of laws
e. Unfairness of burdening citizens in an unrelated forum with jury duty.

Question 29

Waiver Of Service

Answer 29

30 days to waive
60 days to waive
In country 60 days to answer or otherwise plead
Outside Country - 90 days to answer or otherwise plead.

Question 30

Service

Answer 30

Individuals
personal
leaving a copy at dwelling with someone of suitable age and discretion who resides there.

Corporations
Can serve Registered agent.