Fed Civ Pro Flashcards
personal jurisdiction
- power over the parties
PJ is clearly constitutional if ∆ is
- domiciled in the forum OR
- consents OR
- voluntarily present in the forum when served with process
there must be relevant contact between ∆ and the forum state… 2 factors to be addressed
- contact must result from purposeful availment, not required that the ∆ set foot in forum (∆ must reach out to the forum in some way)
- it must be foreseeable that ∆ could be sued in the forum
specific jurisdiction
where the claim arises from ∆’ contact with the forum
general jurisdiction
∆ must be at home in the forum and may be sued there for a claim that arose anywhere in the world
where is a human at home
where domiciled
where is a corporation at home
- state of incorporation
2. PPB
fairness factors for jurisdiction are only assessed in what kind of cases
specific jurisidction
determining fairness of jurisdiction
- relative wealth of the parties not determinative
- even if hard for ∆ to get to the forum it is C unless ∆ can show that it puts her at a severe disadvantage in the litigation
in a specific jurisdiction case, how do we determine whether jurisdiction is fair
- burden on ∆ and Ws
- state’s interests (always implicated if P is citizen of forum state)
- P’s interests
diversity of citizenship and alienage cses
- case is either i) between citizens of different states OR ii) between a citizen of a state and a citizen of a foreign county AND
- amount in controversy exceeds $75k
complete diversity rule
no good if any P is a citizen of the same state as any ∆
how do you establish a new domicile
- physical presence in the state
2. intent to make the state one’s permanent home
timing for citizenship
citizenship at time complaint is filed
citizenship of corporation
all states or nations where they are incorporated and state or nation of PPB
- thus corporation can be citizen of 2 states at a time
corporation’s PPB
where managers direct, coordinate and control business activities
citizenship of unincorporated company
shares citizenship with all members
citizenship of decedents, minors, incompetents
representative’s citizenship is irrelevant, us the citizenship of the decedents, minors, incompetents
amount in controversy
- must exceed $75k not including costs or interest
- look to what P claims in good faith, not to what they recover
aggregation of claims for amount in controversy
- aggregate claims of one P against ∆ even if claims are unrelated
cases a federal court will not hear
divorce, alimony, probate, child custody
federal question cases
claim in P’s complaint arises under federal law
- citizenship of parties irrelevant
- amount in controversy irrelevant
SMJ over additional claims
diversity and F? cases get into federal court… once there additional claims may be asserted as long as there is SMJ over them (F? or diversity)
supplemental jurisdiction
- if not F? or diversity can still come in if the case is already there
test for supplemental jurisdiction
- test is always met when the claim arises from the same transaction or occurrence as the one in the case
- must share common nucleus of fact with the claim that invoked federal SMJ
limitation for supplemental jurisdiction
by statute certain claims cannot invoke supplemental jurisdiction even though they meet the test
non-federal, non-diversity claim can be heard in federal court if it meets the test UNLESS…
- asserted by a P
- in a diversity of citizenship case AND
- when there are multiple Ps and one of them does not meet the amount in controversy requirement
court may decline supplemental jurisdiction if…
underlying claim is dismissed early on in the case
removal
transfers the case from a state trial court to a federal trial court
- only ∆ can remove a case
when must removal occur
∆ must remove within 30 days of service of the first paper that shows the case is removable
eerie doctrine
no general federal CL… general CL of K, torts, property is state law and federal courts must apply that state substantive law in a diversity case
P may lay venue in any district where
- all ∆s reside OR
- a substantial part of the claim arose
- if all ∆s reside in different districts of the forum state P can lay venue in the district where any ∆ resides
if the original district is an improper venue the court may…
- dismiss the case OR
2. transfer in the interest of justice
forum non conveniens
- stays or dismisses
in order to satisfy federal question jurisdiction, the federal question must appear in
the P’s complaint
when a P has both federal and state based claims against a ∆ and diversity jurisdiction does not exist, the federal court has
discretion to exercise supplemental jurisdiction over the state law if the two claims derive from a common nucleus of operative fact and are such that a P would ordinarily be expected to try them all in one judicial proceeding
which party can exercise the right of removal
only the ∆
federal jurisdiction basedon diversity of citizenship is defined in terms of “complete diversity” which means
no P may be a citizen of the same state as any ∆
for purposes of diversity jurisdiction, a corporation is considered to be a citizen of
every state in which it is incorporated and the 1 state it has its principal place of business
to satisfy the amount in controversy requirement for diversity jurisdiction, a P may
aggregate unrelated claims against a single ∆
Erie Doctrine
a federal court exercising diversity jurisdiction applies state substantive law and federal procedural law
when does the Erie Doctrine not apply
courts exercising federal question jurisdiction - here a federal court will apply federal substantive and procedural law
in federal question case, the action is always deemed commenced for SOL purposes when…
the complaint is filed with the court
in diversity cases, the action is deemed commenced for SOL purposes when
the state rule for determining when the action is commenced
in federal court, if a person travels to another jurisdiction solely to be a W in a court action, he
is immune from service of process
when may failure to state a claim upon which relief can be granted be raised
any time prior to trial or at trial