Jdx and Venue

Question 1

In Federal court what are the three ways you can receive service of process:

Answer 1

1. personal service
2. Substituted service: when service is delivered to the D’s authorized agent or left at D’s dwelling with a resident of suitable age and discretion.
3. State procedural rules: when process is served pursuant to the rules of the state where the court sits or service is attempted.

Question 2

Doctrine of forum non conveniens

Answer 2

A federal court can dismiss or stay a lawsuit in a state or foreign jdx is a more convenient forum. To make this decision, the court will examine factors like accessibility of evidence and witnesses.

Question 3

When does a Fed court have diversity jdx over a class action?

Answer 3

When
1. the NAMED opposing parties are citizens of different states
AND
2. the amount in controversy for ANY NAMED P’s claim exceeds $75k.

Question 4

Federal courts cannot exercise diversity jdx over cases involving what two areas?

Answer 4

Have no diversity jdx over:
1. Probate matters ( eg, authenticating wills, administering estates)
OR
2. Domestic relations (eg, issuing divorce, alimony, or child custody decrees)

State courts have exclusive jdx over these types of cases.

Question 5

When does a D-manufacturer have minimum contacts with a forum states?

Answer 5

When the D purposefully avails itself of the states protections and benefits so that it should reas. foresee being sued there.

When it places goods in the stream of commerce
And
Purposefully targets the state.

Question 6

Corporations are citizens of a state or states where they are:

Answer 6

1. incorporated
   AND/OR
2. have their principal place of business.

Unincorporated associations are citizens of every state where their members are domiciled.

Question 7

Can a party joined to a lawsuit through a counterclaim remove a case from state to federal court?

Answer 7

No , they do not have the power to do so. Only D’s listed in the P’s complaint have the power to remove a case from state to fed. court.

Question 8

When suing the US gov, its agencies, or its employees, the P must serve process on:

Answer 8

1. the U.S. attorney (or designated agent) for the district where the suit is filed or the civil-process clerk at the U.S. attorney’s office,
2. the U.S. attorney general,
   AND
3. any agency or officer whose official conduct is being challenged.

Question 9

A fed court. obtains personal jdx over a D served w/ process while voluntarily present in the forum state unless the D was:

Answer 9

1. fraudulently or forcefully brought into the state to be served with process
   OR
2. present in the state to attend an unrelated judicial proceeding.

Question 10

When a fed officer or employee is sued in his/her official capacity, do special venue rules apply?

Answer 10

Yes:
Special venue rules permit suit in district where:
- any D resides
- sub. portion of events occurred or property located.
- P resides if no real property involved.

Question 11

When can a court exercise supplemental jdx?

Answer 11

Over claims that fall outside it’s original SMJ when those claims share a common nucleus of operative facts with a claim that falls within it’s original SMJ.

Question 12

Quasi in-rem actions

Answer 12

define

Question 13

In rem jdx:

Answer 13

a court almost always had PJ in an in-rem action. Minimum contacts exist because an in rem action relates to property in the forum state.

And exercising jdx complies with fair plat and substantial justice so long as the P did not fraudulently being the prop into the forum state.

Question 14

Does a D waive the PJ objection by failing to assert it in a pre-answer motion or answer, whichever comes first?

Answer 14

Yes

Question 15

What is the Burford abstention doctrine?

Answer 15

Allows a federal court with SMJ to abstain when a declaratory judgement or an injunction by that court would interfere with a complex state regulatory scheme that:

1. serves an important state policy
   AND
2. provides timely and adequate judicial review by the state’s courts

Question 16

What is the Yonger abstention doctrine?

Answer 16

Requires a fed court to abstain when a declaratory judgement or injunction by that court would interfere with a pending state criminal, or particular civil, proceeding that:

1. involves an important state interest
   AND
2. provides an adequate opportunity to litigate fed. issues.

Question 17

Home-court advantage rule

Answer 17

explain

Question 18

Venue is proper in any district where: (3)

Answer 18

1. any D resides, if all D’s reside in the same state,
2. a substantial part of the events giving rise to the suit occurred or the property at issue is located.

OR

3. Any D is subject to the court’s PJ, (only if the first two provisions do not apply.

Question 19

SJM Jurisdiction can stem from what two ways?

Answer 19

From Fed question jdx, (ie cases arises under the constitution, a fed law, or a treaty) OR diversity jdx (ie, the amount in controversy over 75k and the partes are citizens of different states.

Question 20

Fed Question Jdx must be established when?

Answer 20

On the face of the P’s well pleaded complaint - as opposed to the D’s answer or counterclaim, which does not establish fed. question jdx.

Question 21

What is the best way to serve process on an individual or organization in a foreign country?

Answer 21

by following the international agreement that is reasonably calculated to give notice.

Question 22

What is the common nucleus rule for supplemental jdx.?

Answer 22

A fed. court may exercise supp. jdx over a claim outside of the courts original subject matter jdx if it shares a common nucleus of operative facts with an original-jdx claim.

Question 23

Do federal appellate courts have jurisdiction over orders to remand a case?

Answer 23

A fed courts order to remand a case to state court - wether for lack of SMJ or procedural error in the removal- cannot be appealed absent limited exceptions.

exceptions:
1. class actions appealed within 10 days
2. civil rights issues
3. removal by fed. govt agency, or officer.
4. FDIC

Question 24

Specific PJ exists when:

Answer 24

1. the P’s claim arises arises from or is closely related to the D’s minimum contacts withe the forum state

AND

2. the exercise of jdx would comply with notions of fair play and substantial justice.