I. Right Court?

Question 1

Personal Jurisdiction

Answer 1

PJ is about the court’s power over THE PARTIES
BIG Q:
-Can π sue ∆IN THIS STATE?

2-Step Analysis:

(1) Satisfy a State Statute AND
(2) Satisfy the Constitution (Due Process)

Question 2

Constitutional Analysis of PJ

Answer 2

PJ is clearly const. IF ∆ is:

(1) Domiciled in the forum or
(2) Consents or
(3) Is voluntarily present in the forum when served w/process

CONTACT - RELATEDNESS - FAIRNESS

Contact = Purposeful availment & Foreseeability
Relatedness = General v. Specific
Fairness (Specific only) = Burden/Convenience; State’s Interest; π’s Interest

Question 3

Corporation is “at home”

Answer 3

• Where Incorporated

- Where it has it’s PPB

Question 4

Subject Matter Jurisdiction

Answer 4

Court’s Power over THE CASE
BIG Q:
-What Court in State X? (Fed. or State?)

States can hear any kind of case (except: patent infringement, bankruptcy, some federal securities/antitrust)

FEDERAL COURTS DIFF (Limited SMJ):

• Diversity of Citizenship
• Fed. Q

Question 5

Diversity of Citizenship

Answer 5

(1) Case is either (a) Between “citizens of diff. states” (diversity) OR (b) between “a citizen of a state & a citizen of a foreign country”

AND

(2) The amount in controversy exceeds $75K

Question 6

How do you establish a NEW domicile?

Answer 6

Physical Presence There

AND

The Intent to make that your permanent home

Question 7

Citizenship of Corp.

Answer 7

(1) The State OR Country where incorporated

AND

(2) The State OR Country of it’s PPB

Question 8

Aggregation

Answer 8

Adding 2 or more claims to meet the amount req.

Question 9

Federal Q Cases

Answer 9

Is citizenship of the parties relevant? NO in Fed. Q.
Is the amount in controversy relevant? NO in Fed. Q.

ASK: Is π enforcing a FEDERAL RIGHT?

• IF Yes: Case can go to Fed. Court UNDER FQ
• IF NO: Case CANNOT go to Fed. Court UNDER FQ

Question 10

Supplemental Jurisdiction

Answer 10

Gets non-federal, non-diversity claims into Fed. Court. BUT the case itself MUST already be in Fed. Court (b/c it invoked diversity of citizenship or FQ)

2 Steps:

(1) The “test” = Met when the claim arises from the same T/O from underlying case
(2) The LIMITATION = BUT by statute certain claims CANNOT invoke even if they meet (1)
- LIMITATION ONLY APPLIES TO DIVERSITY (Not FQ)
- LIMITATION ONLY TAKES away Supplemental Jurisdiction by the πNOT the ∆

In Short: “In a DIVERSITY case, PLAINTIFF cannot use supplemental jurisdiction to overcome a LACK OF DIVERSITY

Question 11

Removal

Answer 11

Removal transfers the case FROM A STATE TRIAL COURT TO A FEDERAL TRIAL COURT.
-There are 2 big exceptions to this…but these exceptions apply only if we are removing on the basis of DIVERSITY of CITIZENSHIP JURISDICTION

(1) No removal if ANY ∆ is a citizen of the forum (instate ∆ rule)

AND

(2) No removal > 1 year after the case was filed in state court

Question 12

Erie Doctrine

Answer 12

Federal Judge MUST decide a particular issue (Diversity of citizenship in Fed. Court)…MUST she Follow State Law or Is She Free to Ignore State Law?

Step 1: Is there some federal law (Const., Statute, FRCP, FRE) on point that directly CONFLICTS w/state law?
-If so then apply Fed. law b/c of Supremacy Clause

Step 2: IF no Fed. Law on point, Fed. Judge MUST apply state law if the issue to be determined is “substantive”

• Elements of claim or defense
• Statute of Limitations
• Rules for Tolling Statutes of Limitations, and
• Conflict (or choice) of law rules

Step 3: If there is no federal law on point & issue is not one of 4 in above, the federal judge MUST determine whether the issue “substantive” (Squishy):

• Outcome determinative
• Balance of interests
• Avoid Forum Shopping

Question 13

Venue

Answer 13

Tells us WHICH Federal Court

π may lay venue in ANY DISTRICT WHERE:
-ALL ∆s reside (w/special rule)
OR
-A SUBSTANTIAL PART of the claim arose

Special Rule: If ALL ∆s reside in diff. dist. OF THE SAME STATE…π can lay venue in the Dist. in which ANY ∆ resides.

Question 14

Reside for VENUE Purposes

Answer 14

Human = In dist. domiciled

BUSINESS (corp. or non-corp.) = in ALL dist. where: Subject to PJ for this case

Question 15

Transfer of Venue

Answer 15

A Fed. Dist. court may transfer the case to ANOTHER fed. Dist. Court.

Original Court = “Transferor”
One to which case is sent = “Transferee”

Transferee MUST be a proper venue and have PJ over a ∆

2 Transfer Statutes:
(1) If the original Dist. is a PROPER VENUE, that court can order transfer based on convenience of parties and witnesses & on interest of justice (It’s Always Discretionary)

(2) If original Dist. is an IMPROPER VENUE, what may court do? = Transfer in interest of justice or dismiss