Federal Jurisdiction Flashcards
A party is prohibited from seeking discovery when?
A party is prohibited from seeking discovery from any source before the Rule 12(f) discovery conference.
If a discovery request is filed the day after an answer, how should you object?
Object because the Rule 12(f) discovery conference has not occurred
Defendant later learns that the person who served the summons was a 16-year old employee. D files a motion to dismiss for insufficient service of process. Grant or deny?
Deny the motion
-D must demonstrate prejudice from the service defect. If they cannot then the service should be quashed and service should begin anew.
-Insufficinet service was not waived because D was not aware of service defect.
When is a motion to dismiss for insufficient service granted?
D must demonstrate prejudice from the service defect.
If D cannot demonstrate prejudice from the defect in service, what should the attorney file?
A motion to quash
What are the requirements for an affidavit?
- Must be based on personal knowledge
- Must set forth “facts that would be admissible as evidence”
- Must show the affiant is competent to testify on the matters stated
Will a court exercise general personal jurisdiction over a foreign corporate defendant?
Only if it is essentially at home in the forum state because of its continuous and systematic affiliations.
1. Incorporated in forum state
2. Principal place of business is in forum state
How can you tell where a corporation’s principal place of business is?
By the nerve center test, it is where a corporation’s officers direct, control and coordinate corporate activities
When will a court exercise specific personal jurisdiction
When there is a lack of purposeful contacts that are related to the cause of action.
It must be fair and reasonable for the court to exercise.
