Concepts

Question 1

Complaint

Answer 1

Plaintiff’s first pleading which states grounds for federal subject matter jurisdiction, a short and plain statement of the claim showing that the plaintiff is entitled to relief, and a demand for relief

Question 2

Pleading

Answer 2

Paper which contains factual assertions (allegations) that support jurisdiction and legal claims

Question 3

Answer

Answer 3

Defendant’s first pleading which sets out defenses

Question 4

Personal Jurisdiction

Answer 4

Ability of a state to exercise power over a defendant

Question 5

Specific Jurisdiction

Answer 5

“The commission for certain ‘single or occasional acts’ in a State may be sufficient to render a corporation answerable in that State with respect to those acts, though not with respect to matters unrelated to the forum connections” (Goodyear)

Question 6

Purposeful Availment

Answer 6

“To the extent that a corporation exercises the privilege of conducting activities within a state, it enjoys the benefits and protection of the laws of that state. The exercise of that privilege may give rise to obligations” (International Shoe)

Question 7

General Jurisdiction

Answer 7

“[Defendant’s] affiliations with the State are so ‘continuous and systematic’ as to render them essentially at at home in the forum state” (Goodyear)

Question 8

Domicile

Answer 8

• Where an individual lives and intends to remain indefinitely
• “Domicile in the state alone is sufficient to bring an absent defendant [i.e. the defendant was not served in the domiciled state] within the reach of the state’s jurisdiction” (Milliken)

Question 9

‘Sliding Scale’ Test

Answer 9

“Considers a Website’s interactivity and the nature of the commercial activities conducted over the Internet”

Question 10

‘Minimum Contacts’ Test

Answer 10

A court has personal jurisdiction over an out-of-state defendant if that defendant has “certain minimum contact with the [forum state] such that the maintenance of the suit does not offend the traditional notions of fair play and substantial justice” (International Shoe)

Question 11

Personal Jurisdiction Fairness Factors

Answer 11

• Burden on the defendant
• Policy interests of the forum state
• Judicial efficiency

Question 12

Forum Selection Clause

Answer 12

Clause in a contract which establishes a particular forum in which any legal disputes will be dealt with.

Question 13

Choice of Law Clause

Answer 13

Clause in a contract which establishes a particular state’s laws which will govern any legal disputes. Choice of law clause is irrelevant to venue.

Question 14

Residence

Answer 14

• Individual: place of domicile
• Corporation: anywhere personal jurisdiction is proper
• Foreign party: any judicial district

Question 15

Factors if No Forum Selection Clause

Answer 15

• Private interest: whether claim arose elsewhere, convenience of parties and witnesses, ease of access to sources of proof
• Public Interest: court’s familiarity with laws, relative congestion of the courts, local interest in deciding case

Question 16

Long-Arm Statutes

Answer 16

• State and federal courts have narrower personal jurisdiction than is allowed constitutionally.
• For a court to have personal jurisdiction, they must satisfy International Shoe and the state/federal long arm statute.

Question 17

Subject Matter Jurisdiction

Answer 17

“court’s power to hear a case because of the nature of the dispute, as distinct from its power to enter a judgment against a particular defendant”, focuses on which court system, as opposed to which state

Question 18

Complete Diversity Requirements for Subject Matter Jurisdiction

Answer 18

• Citizen A v. Citizen B
• Citizen A v. Foreign Citizen
• Citizen A and Foreign Citizen v. Citizen B
• Citizen A v. Citizen B and Foreign Citizen
• Foreign State v. Citizen A
• No plaintiff may be a citizen of the same state as any defendant (no similarities across v. but within is ok)

Question 19

State Citizenship for Individuals

Answer 19

1. US citizen
2. Domiciled in state

Question 20

Domicile

Answer 20

1. Physical presence
2. Intent to remain

Question 21

State Citizenship for Corporations

Answer 21

1. Incorporated in the state
2. Principal place of business

Question 22

Responses to Complaint

Answer 22

1. Settle
2. Default
3. Default plus collateral attack
4. Answer
5. Pre-Answer Motion

Question 23

Default Judgment

Answer 23

• Rule 55: judgment is entered against the defendant if they fail to appear and defend
• May choose if: the defendant would lose anyway, they have no money to fight the case or they are planning a collateral attack

Question 24

Default Plus Collateral Attack

Answer 24

• Default through Rule 55 and then attack the validity of the judgment when the party tries to enforce it
• May attack on grounds of subject matter jurisdiction, personal jurisdiction or lack of notice
• Allows a defendant who cannot afford/does not want to face litigation in another state to face the problem in their home state
• Should only do this if completely certain you will win or if the client’s only other option is default and there is a non-frivolous argument to be made against the judgment

Question 25

Answer

Answer 25

• Client must admit or deny each allegation (Rule 8(b)), assert defenses (Rule 12(h) and Rule 8(c), assert a compulsory counterclaim (Rule 13(a))
• Deadline is set out in Rule 12(a) - 21 days from the date the client was served, 60 days if a waiver if filed

Question 26

Pre-Answer Motion

Answer 26

• Waivable Defenses (must be raised in the answer or pre-answer motion or cannot be argued later): Rule 12(b)(2) - 12(b)(5) - lack of personal jurisdiction, improper venue, insufficient process improper service
• Non-Waivable Defenses (can be asserted at any time): Rule 12(b)(1) and 12(b)(6) - lack of subject-matter jurisdiction, failure to state a claim
• Must bundle all motions in the pre-answer motion or answer, cannot submit them sequentially