Fed Court Jurisdiction Flashcards

1
Q

What are the types of cases fed courts have jurisdiction over

A
  1. Federal question
  2. Diversity
  3. Supplemental
  4. Removal
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2
Q

Federal question had

A

Plaintiff asserts in a well pleaded complaint, a claim that arises under federal law, US const, or treaty.

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3
Q

Diversity jxd

A
  1. Complete diversity between play riffs and defendants

2. Amount in controversy exceeds 75k

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4
Q

Removal jxd

A
  1. Claim could have originally been brought in federal court
  2. Defendant property files notice of removal with 30 days of notice that case is removable
  3. D cannot be citizen of state where removal is being sought
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5
Q

Supplemental Jxd

A
  1. Court has no original basis for jurisdiction
  2. Claim arises from a common nucleus of operative fact as the claim that has jxd
  3. Supplemental claim cannot destroy complete diversity if original claim based on diversity
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6
Q

Traditional bases

A
  1. Domicile
  2. Physical presence
  3. Consent
  4. Waiver
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7
Q

Personal jurisdiction

A
  1. Long arm and

2. Constitutional basis

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8
Q

Constitutional test

A

to reach a defendant in compliance with due process, the defendant must have Minimum contacts with the forum state

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9
Q

General jurisdiction

A

D’s contact/activity is continuous and systematic that D is essentially “at home”

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10
Q

Specific jurisdiction

A

D can be sued for specific conduct that occurs in forum state of 2 element are met:

  1. Purposeful availment and
  2. Foreseeability
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