Flash Cards - Midterm - Civil Procedure
Subject Matter Jurisdiction is established one of four different ways. Name each
(1) Federal Question (2) Diversity and Greater than $75000 in controversy (3) Supplemental (4) Removal
A claim arises under federal law if
The federal law provides you with a right to relief and you actually raise it. Ignore name dropping and ignore anything the defendant says.
Natural persons are citizens of
Only their domicile
Corporations are citizens of
(1) State of Incorporation (2) State of PPB aka Nerve Center
All other entities are citizens of
Every state where a member is a citizen (can be multiple states)
What is required for diversity jurisdiction?
(1) Complete Diversity (no state on both sides of the v) and (2) Greater than $75000 in controversy
What is an alien in terms of jurisdiction?
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.
Can an alien sue another alien here?
Only if they are additional parties to a lawsuit between citizens of different us states.
How do you know what the amount in controversy is?
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
What is the amount in controversy when the plaintiff is seeking injunctive relief?
The larger of the defendant’s cost of compliance or the value of the injunction to the plaintiff.
How do you combine claims to get to 75000.01?
Aggregation.
When does aggregation apply?
When you have multiple claims against the same defendant and plaintiff.
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?
The proposed non federal claim cannot be brought against (1) stacked defendant or (2) third party defendant
Are there limitations on the use of supplemental jurisdiction when the anchor claim is a federal claim?
No
If the resolution of a supplemental claim would impinge on state prerogatives then the judge has jurisdiction to decline it. (T/F)
TRUE
When a state court action could have been brought in federal court it can be removed if:
(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.
Personal Jursidction can lie if one of 5 constitutional bases:
(1) Service in the state (2) Minimum contacts (3) Essentially at Home (non resident business) (4) Residency (5) Consent
Personal jurisdiction must comport with federal and state law (t/f)
TRUE- check state law to make sure you have personal jurisdiction, then check constitution to make sure the state authorization is permissible.
A plaintiff can lay venue where (2 bases)
(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.
If plaintiff files in the wrong venue, then the judge can do one of two things
Dismiss the case or transfer it to the proper venue.
If the plaintiff files in a proper venue, then the judge can transfer if
All parties agree or it would be substantially more convenient to litigate the case in another venue.
