Federal Civil Procedure Flashcards
What are the three issues to address when determining whether the case is in the right court?
- Personal jurisdiction 2. Subject matter 3. Venue
What is the issue in addressing whether there is personal jurisdiction?
Can plaintiff sue defendant in this state?
What two steps must be met for PJ?
- Satisfy state’s long arm statute (usually stated as the limit of the U.S. constitution) 2. Satisfy Due Process
What are the three traditional methods of meeting due process for PJ?
- D is domiciled in the forum 2. D consents to PJ 3. D is present in the forum when served with process.
What are the three factors in the due process analysis when the three traditional methods for PJ can’t be met and there’s no general PJ?
Specific PJ requires: 1. Contact: purposeful availment and forseeability 2. Relatedness of claim to the contact: even if few contacts, satisfied where directly related to claim 3. Fairness: must not offend traditional notions of fair play and substantial justice
What are the two factors to determine whether D’s contact with the forum is sufficient to meet the due process requirements for specific PJ?
- Purposeful availment (voluntary act, such as used roads, tried to make money there, caused some effect there) and; 2. Foreseeable that would get sued there.
What question is asked to determine whether D’s contact with the forum is sufficiently related to P’s claim to meet the due process requirements for specific PJ?
P’s claim arises from D’s conduct in the forum.
Where is a corporation domiciled for purpose of establishing general PJ?
- place where incorporate; or 2. principal place of business.
What is the RI long arm statute?
the limit of the U.S. constitution and federal law
What is general PJ and what are the two main consequences of having general PJ?
D is domiciled in the jurisdiction. If have general PJ 1) don’t need to go through contacts and fairness analysis required for specific PJ and 2) there’s PJ against D for claims arising anywhere in the world.
What three questions are asked to determine whether jurisdiction over D would be sufficiently fair to meet the due process requirements for specific PJ?
- Burden on D and witnesses is so great as to place D at a severe disadvantage in the litigation (difficult burden to meet; due process doesn’t guarantee the most convenient forum for all) 2. State’s interest in providing a forum for its citizens. 3. Plaintiff’s interest (e.g., injured and wants to be at home).
What is SMJ all about?
Court’s power over the case (not over the parties, that’s PJ)
What’s the SMJ of a state court? federal court?
State court: General jurisdiction. Can hear any case under state or federal law, except for patent, bankruptcy, federal securities, and antitrust. Federal court: Limited jurisdiction: can hear only cases where there’s either 1) diversity of citizenship or alienage or 2) federal question.
What are the two diversity of citizenship SMJ requirements?
- Case is either (a) between citizens of different states (diversity) or (b) between a citizen of a state and a citizen of a foreign country (alienage) and 2. Amount in controversy exceeds $75k.
What is the complete diversity rule?
There’s no diversity of citizenship (and no SMJ) if ANY P is a citizen of the same state as ANY D.
P from Spain sues D from Canada in federal court. Is there SMJ?
No. No alienage because not between alien and a citizen of U.S. No diversity because no litigant is a citizen of the U.S.
How is a green card holder treated for purposes of being either an alien or citizen to meet the diversity or alienage requirements for SMJ?
Green card holders are considered aliens. However, if they are domiciled in the same state as a U.S. citizen who is an opposing party, there’s no alienage SMJ. (There’s also no diversity SMJ because controversy isn’t between two U.S. citizens. E.g., A, citizen of NY, sues B, a green card holder (permanent resident alien) domiciled in NY. No SMJ.
What’s the status of a U.S. citizen domiciled abroad? P (a U.S. citizen domiciled in Japan) sues D (CA). Is there SMJ?
Not treated as a citizen of any state and also not treated as an alien. There’s no alienage because P is a U.S. national. There’s no diversity because P isn’t treated a citizen of the U.S. because of P’s domicile.
How does an individual establish a new domicile?
- Physical presence in a state different than the current state of domicile (not sufficient to merely leave current domicile state); and 2. Intent to remain there permanently (don’t presume intent; look at factors like taking job, buying house, etc)
At what stage of litigation is diversity or alienage determined for SMJ?
Filing of compliant. After-filing change to parties’ diversity or alienage is irrelevant.
What is the citizenship of a corporation for purposes of SMJ?
Corporation is domiciled in all states in which: 1) incorporated; AND 2) has its principal place of business (PPB)
Where is a corporation’s PPB for purposes of determining its alienage or citizenship?
Where its managers direct and control corporate activities (“nerve center” or headquarters).
What’s the citizenship of a limited or general partnership or LLC?
It’s a citizen in the states of ALL of its members or partners.
P (WI) sues LLC which is formed in WI and has its PPB in MI. LLC’s members are 1) an individual (NY) and 2) a corporation incorporated in TX with its PPB in CA? Is there SMJ?
Yes. LLC is citizen in NY, TX, and CA, but not WI or MI because it’s not a corporation.