Fed Court Jurisdiction Flashcards
1
Q
What are the types of cases fed courts have jurisdiction over
A
- Federal question
- Diversity
- Supplemental
- Removal
2
Q
Federal question had
A
Plaintiff asserts in a well pleaded complaint, a claim that arises under federal law, US const, or treaty.
3
Q
Diversity jxd
A
- Complete diversity between play riffs and defendants
2. Amount in controversy exceeds 75k
4
Q
Removal jxd
A
- Claim could have originally been brought in federal court
- Defendant property files notice of removal with 30 days of notice that case is removable
- D cannot be citizen of state where removal is being sought
5
Q
Supplemental Jxd
A
- Court has no original basis for jurisdiction
- Claim arises from a common nucleus of operative fact as the claim that has jxd
- Supplemental claim cannot destroy complete diversity if original claim based on diversity
6
Q
Traditional bases
A
- Domicile
- Physical presence
- Consent
- Waiver
7
Q
Personal jurisdiction
A
- Long arm and
2. Constitutional basis
8
Q
Constitutional test
A
to reach a defendant in compliance with due process, the defendant must have Minimum contacts with the forum state
9
Q
General jurisdiction
A
D’s contact/activity is continuous and systematic that D is essentially “at home”
10
Q
Specific jurisdiction
A
D can be sued for specific conduct that occurs in forum state of 2 element are met:
- Purposeful availment and
- Foreseeability