Concepts Flashcards
Complaint
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
Pleading
Paper which contains factual assertions (allegations) that support jurisdiction and legal claims
Answer
Defendant’s first pleading which sets out defenses
Personal Jurisdiction
Ability of a state to exercise power over a defendant
Specific Jurisdiction
“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)
Purposeful Availment
“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)
General Jurisdiction
“[Defendant’s] affiliations with the State are so ‘continuous and systematic’ as to render them essentially at at home in the forum state” (Goodyear)
Domicile
- 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)
‘Sliding Scale’ Test
“Considers a Website’s interactivity and the nature of the commercial activities conducted over the Internet”
‘Minimum Contacts’ Test
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)
Personal Jurisdiction Fairness Factors
- Burden on the defendant
- Policy interests of the forum state
- Judicial efficiency
Forum Selection Clause
Clause in a contract which establishes a particular forum in which any legal disputes will be dealt with.
Choice of Law Clause
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.
Residence
- Individual: place of domicile
- Corporation: anywhere personal jurisdiction is proper
- Foreign party: any judicial district
Factors if No Forum Selection Clause
- 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
Long-Arm Statutes
- 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.
Subject Matter Jurisdiction
“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
Complete Diversity Requirements for Subject Matter Jurisdiction
- 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)
State Citizenship for Individuals
- US citizen
- Domiciled in state
Domicile
- Physical presence
- Intent to remain
State Citizenship for Corporations
- Incorporated in the state
- Principal place of business
Responses to Complaint
- Settle
- Default
- Default plus collateral attack
- Answer
- Pre-Answer Motion
Default Judgment
- 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
Default Plus Collateral Attack
- 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
Answer
- 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
Pre-Answer Motion
- 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
