FED CIV PRO

Question 1

what is PJ?

Answer 1

courts power over the parties

court automatically has power over the P as a result of P filing her claim with the court

question is whether the court has PJ over the D (in personam juris)

Question 2

what is the 2 step analysis for PJ?

Answer 2

1) does the PJ satisfy a state statute?
2) does the PJ satisfy the due process requirements of the constitution?

Question 3

Provide a summary of the constitutional analysis of PJ.

Answer 3

CONTACTS-RELATEDNESS-FAIRNESS

CONTACTS:

i. purposeful availment
ii. forseeability

RELATEDNESS
i. SPECIFIC JURIS: Ds contacts must be related to Ps claim

ii. GENERAL JURIS: D domiciled in state; D served process while located in the state; D consented to PJ in the state

FAIRNESS

i. only analyze this for specific juris
ii. burden on D and witnesses (must be so gravely inconvenient so as to put D at severe disadvantage in the case)
iii. states interest (always fulfilled if P is a citizen of the state)
iv. Ps interest (may want to sue in home state)

Question 4

what is the contacts analysis of the constitutional analysis of PJ?

Answer 4

1) purposeful availment
i. D must voluntarily reach out to the forum
2) forseeability
i. must be forseeable that D could get sued in the forum

Question 5

Where does a D have general PJ?

Answer 5

1. where he domiciled
2. where he consents to PJ
3. when he served with process while located in the state

Question 6

where is an individual Ds domicile?

Answer 6

1) where he resides

Question 7

where is a business domiciled?

Answer 7

1) one state in which they have their pricipal place of business
2) any state in which it incorp

Question 8

What are the notice requirements under due process requirements of constitution.

Answer 8

notice must be given to D that D is being sued

Question 9

What does notice consist of

Answer 9

1) summons (formal court notice of suit)
2) copy of complaint

Question 10

how does P get a summons

Answer 10

presents it to the clerk of court for signature and seal

Question 11

when must service take place for a D in the US

Answer 11

no longer than 90 days after complaint filed

Question 12

how is process served on an indiv in US?

Answer 12

1. personal service
   
   1. papers given to D personally anywhere
2. subsituted service
   
   1. process left at Ds
      
      1. usual abode
      2. on someone of suitable age and discretion
      3. on somebody who lives there
      4. no specific age required
      5. need not be related to D
3. service on Ds agent
   
   1. as long as receiving service within the scope of the agency
4. state law methods
   
   1. can use methods permitted by:
      
      1. state where fed court sits
      2. and state where process served
         
         1. includes process by mail if state permits
5. no hierarchy of process in fed ct - can use any

1) personal service
i. papers given to D personally anywhere
1. 2) substituted service
i. process left at Ds:
a. usual abode
b. on someone of

Question 13

how is process served on a business?

Answer 13

Delivery copy of summson and complaint to

1. officer, manager, or general agent of business
2. state law methods of
   
   1. state where fed ct sits; or
   2. state where service provided

Question 14

how is process served on a minor or incompetent in US

Answer 14

1. any method permitted by STATE LAW
2. in state where service made

Question 15

how is process served on a foreign country

Answer 15

1. as directed by american ct
2. method direted by foreign official in response to letter request of american ct
3. personal service in foreign country unless prohib by its laws
4. mail sent by clerk of american ct, requiring signed receipt, unless prohib by its laws

Question 16

how is waiver of service of process performed

Answer 16

1. P mails to D a notice and reques tto waive formal service
   
   1. includes copy of complaint and 2 copies of waiver form
   2. with prepaif means of returning form
2. if D mails waiver form to P within 30 days
   
   1. 60 if D outside US
3. D waives formal service of process
4. if D not not return waiver form to P and has no good cause for failure to do so
   
   1. D must pay for costs of service

Question 17

how is service proved

Answer 17

person who served process files report with court detailing how service made

if report made by civilian - must be a sworn statement (affidavit)

if process server fails to make report - does not affect validity of service

Question 18

when is D immune from service within in a federal court within a state

Answer 18

when present in the state to appear as a party, witness, or atty in a different CIVIL case

Question 19

how are other docs (other that summons and complaint) served?

Answer 19

1. by delivering, mailing, emailing
2. if a doc is mailed
   
   1. recipient gets 3 extra days to respond

Question 20

what is SMJ

Answer 20

courts power over the case

Question 21

what types of cases can state court hear

Answer 21

ALL - they have general SMJ

Question 22

what cases can state court not hear

Answer 22

1. patent infringement, bankruptcy, federal antitrust claims (some federal securities claims)
   
   1. these within exclusive juris of fed ct

Question 23

What are the two types of SMJ in federal ct?

Answer 23

1. diversity of citizenship juris
2. federal question juris

Question 24

can parties consent to SMJ

Answer 24

1. NO (but can consent to PJ)

Question 25

what is required for diversity of citizenship juris:

Answer 25

1. Case is between either:
   
   1. citizens of different US states (diversity)
   2. citizen of a US state AND citizen of a foreign country (alienage); AND
2. amt in controversy EXCEEDS $75k

Question 26

what is the complete diversity rule

Answer 26

No P can be a citizen of the same state as an D

Question 27

is there alienage between a P and a D of a foreign country

Answer 27

No - alienage requires case between cit of US state and cit of foreign country

Question 28

what is the special alienage rule?

Answer 28

there is no alianage where a green card alien is dimciled in the same state as a litigant on the other side of the case

Question 29

how do you establish a new domicile

Answer 29

1. presence in new state (phsyically)
2. intent to make that your home for foreseeable future
   
   1. e.g. look to buying house, starting job, qualifying for in state tuition

Question 30

where is an unincorporated association a citizen

Answer 30

1. where all of its members are citizens
   
   1. includes partnerships, LLCs

Question 31

what is the legal certainty test?

Answer 31

amount in controversy must EXCEED $75K

whatever the P claims in good faith we count for this

UNLESS it is clear to a legal certainty thay P cannot recover more that $75k

Question 32

where are decedants, minors, incompetants citizens

Answer 32

where THEY are domicile, not their representative

Question 33

What is aggregation with respect to the amount in controversy requirement

Answer 33

1. A P can aggregate all of her claims against 1 D to meet amt in controvery requirement
2. claims do not have to be factually related

Question 34

what is the amount in controversy against joint tortfeasors

Answer 34

1. total value of the claim is used to determine amt in controvery
2. this is not considered aggregation

Question 35

how is amount in conroversy determined for equitable relief (e.g. injunctions)

Answer 35

1. if either of following exceeds $75K:
   
   1. amount non-injunction detriments P (or injunction benefits P)
   2. or amount injunction detriments D
      
      1. amt in controversy requirement satisfied

Question 36

what cases will a federal court not hear even if diversity of citizenship requirements are satisfied?

Answer 36

1. divorce cases
2. alimony
3. child custody
4. probate court (probate an estate)

Question 37

what is the well pleaded complaint rule for federal question juris

Answer 37

Ps claim itself must arise under federal law

the Ps claim must be enforcing a federal right (the statute she is suing under must GIVER HER a federal that she believes D is wrongfully taking away)

Question 38

what is removal juris