Jurisdiction

Question 1

what is the AIC for Class Action?

Answer 1

sufficient that one representative P has claim that exceeds $75K; remaining covered by supp. jx

Question 2

Non-US Residents and Rule 4(k)(2)

Answer 2

generally for non-US residents who have contact with the US generally but not with any one state

a federal court may exercise jx over such a D if

1) federal cliam
2) contact with the US as a whole would have been sufficient to satisfy minimum contacts

Question 3

Enforcement by state without PJ

Answer 3

A state X without PJ can enforce the judgment of a state Y that had PJ over the D by seizing property of D located in state X

Question 4

Class Action - Types and Notice Reqs

Answer 4

If cert under Rule 23(a) +

• Rule 23(b)(1) “risk of prejudice” case => no notice requirement
• Rule 23(b)(3) “common legal or factual question” case => best notice practicable under the circumstances to “reasonably identifiable” members

Question 5

what jx does FQJ give to federal cts?

Answer 5

Gives federal courts jurisdiction over all claims “arising under” the Constitution, federal law, or United States treaties.

Question 6

What is Supplemental Jurisdiction?

Answer 6

Power for courts to hear a claim that does not have SMJ as long as the claim is substantially related to one for which SMJ does exist.

28 U.S.C. § 1367

§ Supplemental jurisdiction gives discretion to fed ct over additional claims that otherwise do not have independent SMJ (e.g., state claim)

□ 1367(a) where there is original jx over a claim, 1367(a) grants supp. jx over claims arising from common nucleus of operative fact as the underlying claim (STO)

□ 1367(b) takes away supp. jx where

1. where original jx is DIVERSITY JX
2. claims are
   i) by PLAINTIFFS against persons made parties under
   ® Rule 14
   ® Rule 19
   ® Rule 20
   ® Rule 24, or

ii) plaintiffs seeking to join or intervene under
® Rule 19
® Rule 24

3. and exercising supp. jx. would destroy diversity

□ 1367(c) grants cts discretion to decline exercising supp. jx if

® novel complex question of law

® the supp claim predominates over the original

® the original has been dismissed
® or any other compelling reason

Question 7

If there are multiple D, served at different times, can an earlier served D consent to removal timely filed by a later served D, when the earlier served D’s window for removal has expired?

Answer 7

yes

Question 8

What the fairness factors for PJ?

Answer 8

interests of

1) Π in getting relief,
2) forum state in providing redress, and
3) Δ in not being gravely inconvenienced,
4) efficient resolution of controversies

Question 9

what is required to not offend notions of fair play and substantial justice?

Answer 9

1. relatedness of P’s contact with the forum:

2. fairness factors

Question 10

what the two ways to show relatedness of P’s contact with forum?

Answer 10

1. specific jx - action was in state

2. general jx - continuous and systematic constacts

Question 11

which defenses must be raised in the first response or be waived?

Answer 11

pj
insufficnet service of process
venue
insufficient process (defect in summons)

Question 12

how are cases in California classified in terms of AIC? what kind of claims/relief is each entitled to?

Answer 12

• Unlimited civil cases: > $25k; full range of pleadings, motions, discovery, relief available
• Limited civil cases: ≤ $25k; limited to equitable claims, declaratory relief, ancillary relief
• Small claims: ≤ $10k (individual) / $5k (others), pro se only, only 2/yr for $2,500+

Question 13

what kind of state claims can a fed ct NOT have smj over?

Answer 13

probate and domestic relations

Question 14

what are the factors in considering whether a forum is inconvenient and thus forum non conveniens should apply?

Answer 14

1) convenience of parties and witnesses,
2) ease and access to evidence and/or
3) calendar congestion, etc.

Question 15

under CA law, where is venue proper for local actions?

Answer 15

county where property is located

Question 16

under CA law, where is venue proper for transitory actions?

contract cases?
tort cases?
real property?

Answer 16

in any county where D resides when action began;
if no D reside, then any county

K - where K was executed or performance
tort - where injury happened
property - where it is located

Question 17

under CA law, where is transfer allowed?

Answer 17

1. wrong venue
2. proper venue but
   a. fair trial cannot be had in original county
   b. more convenient for witness and justice requires
   c. no judge is qualified to act

Question 18

what is CA’s forum non conveniens rule?

Answer 18

if action should be held outside state in interest of substantial justice and alt forum is suitable

Question 19

what are the methods for service? what are the CA distinctions?

Answer 19

○ Agent
○ Personal: summons & complaint by personal service on Δ or authorized agent,
○ Abode: At Δ’s usual place of abode with person of suitable age and discretion, or to Δ’s agent
§ [CA] requires follow-up mailing
○ State Methods: state law’s method (both forum state and state where service is made)
§ [CA] service by publication
§ [CA] allows service by first class mail/return receipt for out-of-state but in-US D if PJ exists
in foreign countries, as forum ct prescribes, as foreign law allows and that would give notice, or as directed by foreign auth ), OR

Question 20

what is the effect of waiver of service? when does it need to be returned?

and in cali?

Answer 20

30d, gets 60d to answer

in cali, no extension

Question 21

where is an insurer considered a resident when sued for an insured?

Answer 21

hq, ppb, and insured’s state of residence

Question 22

what is the citizenship of a lawful permanent resident?

Answer 22

state of residence

Question 23

when will a ct abstent from a case?

Answer 23

□ Resolution of state law issue by state ct would eliminate need for fed ct to decide const issue
□ Avoidance of getting involved in complex state regulatory scheme/matters impt to state
□ State action involves criminal punishment or civil fine and fed ct is being asked to enjoin
Parallel proceeding go beyond wasting judicial resources

Question 24

in a diversity case, will court apply state discovery rules or federal rules?

Answer 24

federal - discovery is considered procedural

Question 25

is another party is added, can the existing party then motion on venue where venue was proper prior to joinder?

Answer 25

yes

Question 26

if a court dismisses the federal claim that formed the basis of its supp jx, can it still exercise supp jx?

Answer 26

yes but it can also choose to remand

Question 27

if a party might be J&S liable, necessary party under 19?

Answer 27

no

Question 28

when is forum appropriate?

Answer 28

• Π’s choice of forum is appropriate in any federal district where…

○ a substantial part of the claim arose or a substantial part of the property that is the subject of the action is OR

○ Any Δ “resides” (domiciled, provided that ALL Δs are located in the same STATE)
§ for corporation, where subject to PJ via minimum contacts - DO PJ ANALYSIS
§ state with multiple judicial districts where there is PJ, the corporation “shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State.”

○ If above are unavailable, any district where any Δ is subject to PJ (could end up being anywhere in a state)

Question 29

is consent or waiver a proper means to get proper venue?

Answer 29

yes

Question 30

where may an alien be sued for purposes of venue?

Answer 30

any judicial district

Question 31

what is the const req for service?

Answer 31

reasonably calculated to apprise interested parties

Question 32

what must be established for PJ?

Answer 32

1. basis: traditional or statutory basis

2. constitutional limits

Question 33

what is required to satisfy constitutional limits for PJ?

Answer 33

1. minimum contacts
   - purposeful availment
   - reasonable foreseeability
2. . notions of FP and SJ
   - relatedness of claim to contain
   - -gen: systemic and continuous such that at home
   - -specific
   - fairness
   - -P’s interest in getting resolved
   - -state’s interest in adjudicating
   - -D not being gravely inconvenienced
   - -efficient resolution

Question 34

when can a state court NOT hear a federal claim?

Answer 34

exclusively federal statute

Question 35

what is domicile? is it different for PJ and SMJ?

Answer 35

physical presence + intent to stay

Question 36

for DJ, what kind of claims will fed ct not have jx over?

Answer 36

probate and domestic relations

Question 37

when will a federal ct exercise abstention?

Answer 37

□ Resolution of state law issue by state ct would eliminate need for fed ct to decide const issue
□ Avoidance of getting involved in complex state regulatory scheme/matters impt to state
□ State action involves criminal punishment or civil fine and fed ct is being asked to enjoin
Parallel proceeding go beyond wasting judicial resources

Question 38

what is required for removal?

Answer 38

Only Δ can remove a case originally filed in state court to the fed court where state is if the fed ct would have SMJ
○ Removal must be made within 30 days of case being removable (Δ being served notice, pleading, complaint)
§ When a new Δ joins the case, that Δ has another 30 days to remove the action with other Δs
□ If a diversity case, no removal after 1 year after brought in state court, unless Π acted in bad faith
§ notice of removal filed in federal district court
§ All D must agree
○ For case based solely on diversity, removal allowed only if no Δ is a citizen of forum state where suit was originally filed

Question 39

if a party is joined to destroy diversity and prevent removal, what happens?

Answer 39

§ Not allowed if party who destroys diversity is joined just to destroy diversity but has a colorable claim
-but NOT if fraudulently joined

Question 40

when must ct remand? when must this take placd

Answer 40

no smj; any time before final judgmet

Question 41

apart from mandatory remand, does ct have discretion to remand?

Answer 41

yes

Question 42

what is the erie analyis and when does it apply?

Answer 42

DJ

	1. Is there a conflict?
		1. No - apply state and federal law
		2. Yes, proceed to next question

	2. Is there federal statute/rule of procedure?
		1. Yes - apply if it does not affect a substantive right
		2. If no, proceed to next question

	3. Will failing to apply state law lead to different outcomes?
		1. Yes - apply state yes
		2. No - apply federal common law

	4.  Alternatively, the court may balance state & federal interests and apply law whose policy is more impt

Question 43

what issues have courts found to be substantive for erie purposes?

Answer 43

§ statutes of limitations and tolling: state law determines whether a lawsuit has commenced for purposes of SOL
§ choice of law
§ elements of claim or defense
Burden of proof

Question 44

what issues have courts found to be procedural for erie purposes?

Answer 44

§ Judge jury allocation: jury will decide facts even if state law says otherwise
§ Atty’s fees
Equitable vs. legal: federal

Question 45

is venue proper?

Answer 45

Π’s choice o
○ a substantial part of the claim arose or a substantial part of the property that is the subject of the action is OR
○ Any Δ “resides” (domiciled, provided that ALL Δs are located in the same STATE)

Question 46

when can D transfer?

Answer 46

§ 1) where the case could have been brought in the first place or
§ (2) if all parties agree (even if venue ordinarily would not be proper there)

Question 47

when must ct transfer a case?

Answer 47

if venue is improper

Question 48

when may a ct transfer a case?

Answer 48

1. venue is proper
2. FNC
   if original venue is inconvenient + adequate alternative forum with proper jx exists

§ Inconvenience factors: Moving party shows

1) convenience of parties and witnesses,
2) ease and access to evidence and/or
3) calendar congestion, etc.

Question 49

when must a party be joined?

Answer 49

§ A necessary party who is subject to service of process and whose joinder will not deprive the court of subject matter jurisdiction must be joined as a party if

§ court cannot grant complete relief to existing parties without that party, or

§ his interests may be impaired or impeded if the case proceeds without joining him, or

§ there is risk of inconsistent judgment or do liability

§ factors for necessary

		i. Extent to which judgment would prejudice the parties in the person’s absence; 
		ii. Extent to which prejudice could be reduced or avoided by protective provisions; 
		iii. Whether a judgment rendered would be adequate; and  iv. Whether the plaintiff would have an adequate remedy if action were dismissed for nonjoinder

Question 50

who can be brought in under rule 14?

Answer 50

Δ (3P Π) can bring in non-party (3P Δ) for liability to Δ (3P Π) for all or part of Δ (3P Π)’s liability to original π on original claim
§ usually right of contribution amongst tortfeasors or indemnification

Question 51

who can be brought in under rule 20?

Answer 51

○ Parties may join as plaintiffs or defendants only if

i. a claim is made by each Π and against each Δ relating to or arising out of the same series of occurrences or tx, and
ii. question of fact or law common to all the parties

Question 52

when can someone be brought in under rule 24?

Answer 52

○ Intervention as of right (if not through federal statute)
§ Nonparty has interest in property or transaction that is subject matter or action
§ Disposition of action may impair nonparty’s interest
§ Nonparty’s interest not adequately represented by existing parties
○ Permissive intervention—court must consider undue delay/prejudice to rights of original parties
§ Movant has conditional right to intervene under federal statute, or
§ Movant’s claim/defense and original action share common question of law or fact
[CA] intervenor’s interest must be “direct and immediate”

Question 53

what are the options for interpleader?

Answer 53

○ Rule 22 interpleader: Requires usual SMJ, PJ over claimants, and venue; permits nationwide service

Section 1335 interpleader: Requires only one claimant diverse from another, only $500 at issue

Question 54

what are the types of claims that must/can be joined?

Answer 54

Joinder of claims (Rule 18): A pt may join as many claims in a single action as the pt has against an opposing pt as long as there is SMJ
• Compulsory counterclaims (Rule 13a) - claim by D that is required to be joined b/c STO
• Permissive counterclaims (Rule 13b) - claim by D that is NOT required to be joined (not STO)
• Crossclaim (Rule 13g) - claim by existing co-pt against another existing co-pt where STO
claims can also be added by consent, even if not raised in the answer or amended

Question 55

what is the requirement for class action?

Answer 55

• Class actions are proper if CANT + P/ER/CQ:

1. Commonality: Q of law or fact in common to class.
2. Adequacy of representation: Class rep will fairly and adequately represent class (interests align). 
3. Numerosity: Too many class members for practicable joinder. 
4. Typicality: Representative’s claims/defenses typical of those of the class. 
5. Plus one of the following situations in which class can be cert:

§ Prejudice: Separate actions would create a risk of inconsistent results or impair interests of unnamed parties

§ Equitable relief: Injunctive or declaratory relief is appropriate for the class as a whole

§ Common Q predominates: Common Q of law or fact predominate over individual issues, and a class action is superior to alternative methods of adjudication. This requires notice to all members and option to opt out.

Question 56

what are the requirements for jx in class action?

Answer 56

○ Class actions require personal jurisdiction over each of the Δs named in the action (no requirement for Πs)
○ SMJ:
○ sufficient that one representative P has claim that exceeds $75K; remaining P covered by supp. jx

Question 57

when is notice required for class action?

Answer 57

common question of law or fact

Question 58

when can a class action be brought under CAFA?

Answer 58

SMJ is established if minimum diversity (any class member diverse from any Δ) + aggregate AIC > $5M + 100+ members in proposed class. Any Δ may remove case from state to fed ct.
○ Ct must hold settlement meeting to ensure settlement if fair
• EXCEPTIONS: No federal court jurisdiction under CAFA if primary Δs are states, state officials, gov’t entities; or action relates to affairs of a corporation and is based on laws of state of incorporation; or action solely relates to federal securities laws

Question 59

what are the methods are service? ca?

Answer 59

○ Agent
○ Personal: summons & complaint by personal service on Δ or authorized agent,
○ Abode: At Δ’s usual place of abode with person of suitable age and discretion, or to Δ’s agent
§ [CA] requires follow-up mailing
○ State Methods: state law’s method (both forum state and state where service is made)
§ [CA] service by publication
§ [CA] allows service by first class mail/return receipt for out-of-state but in-US D if PJ exists
in foreign countries, as forum ct prescribes, as foreign law allows and that would give notice, or as directed by foreign auth ), OR

Question 60

when must service happen? proof of service

Answer 60

90d of complaint; no specific rule

Question 61

what is the const requirement for service? r

Answer 61

reasonably calcluated to apprise interested parties