Flash Cards - Midterm - Civil Procedure

Question 1

Subject Matter Jurisdiction is established one of four different ways. Name each

Answer 1

(1) Federal Question (2) Diversity and Greater than $75000 in controversy (3) Supplemental (4) Removal

Question 2

A claim arises under federal law if

Answer 2

The federal law provides you with a right to relief and you actually raise it. Ignore name dropping and ignore anything the defendant says.

Question 3

Natural persons are citizens of

Answer 3

Only their domicile

Question 4

Corporations are citizens of

Answer 4

(1) State of Incorporation (2) State of PPB aka Nerve Center

Question 5

All other entities are citizens of

Answer 5

Every state where a member is a citizen (can be multiple states)

Question 6

What is required for diversity jurisdiction?

Answer 6

(1) Complete Diversity (no state on both sides of the v) and (2) Greater than $75000 in controversy

Question 7

What is an alien in terms of jurisdiction?

Answer 7

A citizen or subject of a foreign state or a permanent resident of the US. A permanent resident of the us is a citizen of whatever state they are domiciled in. Regular aliens are not.

Question 8

Can an alien sue another alien here?

Answer 8

Only if they are additional parties to a lawsuit between citizens of different us states.

Question 9

How do you know what the amount in controversy is?

Answer 9

The plaintiff must allege it. It can be challenged by showing that it is not clear to a legal certainty that the plaintiff cannot collect that much

Question 10

What is the amount in controversy when the plaintiff is seeking injunctive relief?

Answer 10

The larger of the defendant’s cost of compliance or the value of the injunction to the plaintiff.

Question 11

How do you combine claims to get to 75000.01?

Answer 11

Aggregation.

Question 12

When does aggregation apply?

Answer 12

When you have multiple claims against the same defendant and plaintiff.

Question 13

Supplemental Jurisdiction requires an anchor claim. There are limitations on the use of supplemental jurisdiction when the anchor claim is based on diveristy. What are those limitations?

Answer 13

The proposed non federal claim cannot be brought against (1) stacked defendant or (2) third party defendant

Question 14

Are there limitations on the use of supplemental jurisdiction when the anchor claim is a federal claim?

Answer 14

No

Question 15

If the resolution of a supplemental claim would impinge on state prerogatives then the judge has jurisdiction to decline it. (T/F)

Answer 15

TRUE

Question 16

When a state court action could have been brought in federal court it can be removed if:

Answer 16

(1) Home State Exception doesn’t apply (when defendant is a citizen of the state in which the case is filed) (2) All defendants consent to removal (3) It occurs within 30 days of when the grounds for removal become clear or if the removal is based on diveristy, within one year from the date the suit was filed.

Question 17

Personal Jursidction can lie if one of 5 constitutional bases:

Answer 17

(1) Service in the state (2) Minimum contacts (3) Essentially at Home (non resident business) (4) Residency (5) Consent

Question 18

Personal jurisdiction must comport with federal and state law (t/f)

Answer 18

TRUE- check state law to make sure you have personal jurisdiction, then check constitution to make sure the state authorization is permissible.

Question 19

A plaintiff can lay venue where (2 bases)

Answer 19

(1) where any defendant resides if all d’s within the same state (2) in a district where a substantial portion of the events giving rise to the suit occurred.

Question 20

If plaintiff files in the wrong venue, then the judge can do one of two things

Answer 20

Dismiss the case or transfer it to the proper venue.

Question 21

If the plaintiff files in a proper venue, then the judge can transfer if

Answer 21

All parties agree or it would be substantially more convenient to litigate the case in another venue.