Jurisdiction Flashcards
SMJ - what is it; consent/waiver
Subject-matter jurisdiction focuses on whether a federal court can have jurisdiction over the subject matter of the civil case.
It CANNOT be waived or agreed upon by the parties.
i.e. the parties don’t decide, its a matter of law
SMJ - 2 types
(1) federal question jurisdiction;
(2) diversity jurisdiction
SMJ - FQJ - 3 main points (what is a federal question; how must FQ be pled (2 things); what law to apply)
Claims involving federal law, those relating to the U.S. Constitution or a federal statute; also bankruptcy, securities, patent, trademark, and copyright law.
The federal question must appear clearly on the face of the plaintiff’s complaint (not the answer).
>>> **look out for complaints that look like they include a federal COA but are actually just preemptively guessing that ∆ will use a federal law defense
>>> the complaint must argue for **enforcement of a federal right**, not just mentioning the statute or saying it doesn’t apply
If subject-matter jurisdiction based on federal question, the federal court applies both federal substantive and procedural law.
SMJ - FQJ - concurrent juri and exclusive juri of fed/state courts
Concurrent jurisdiction: state and federal courts have concurrent jurisdiction over MOST CLAIMS, such as employment discrimination claims.
Exclusive FEDERAL jurisdiction: only federal court – bankruptcy, patent, copyright, trademark, securities, maritime, etc.
Exclusive STATE jurisdiction: divorce, alimony, child custody, probate - narrowly construed (All Parents can Drive)
>>> **NOT will contests, but actual probate proceedings
>>> a federal court will refuse to hear these ***even if the parties are diverse!
SMJ - DJ - 2 key elements and purpose
Diversity jurisdiction requires that each plaintiff must be a citizen of a different state from every defendant, and the amount in controversy must exceed $75,000. (Note: watch out for an amount in controversy that equals but does not exceed $75,000!)
Protects out-of-state parties from local prejudice. (emphasize this in essay question if it involves diversity jurisdiction)
There must be complete diversity (each plaintiff must be of diverse citizenship from each defendant) - a match across the V!
SMJ - DJ - domicile for individuals
A natural person’s citizenship is determined by their domicile.
Person’s domicile is the state where they are physically present (physical component) and have the subjective intent to make their permanent home (mental component). - mind and behind!
**you can only have one domicile at a time, and you do not give up your current domicile until both your mind and behind are in that new state!
SMJ - DJ - AIC (3 ancillary rules)
Amount must exceed $75,000 (excluding litigation cost & interest)
Good faith allegation that the amount of damages or injuries exceeds $75,000. (often tested on the essays as a fine point)
>>> will generally be good faith unless egregious difference between harm & claim
Jurisdiction is not retroactively defeated by the fact that the amount recovered is less than the jurisdictional amount.
SMJ - DJ - executors
For diversity jurisdiction purposes, when an executor of a decedent’s estate is a defendant, the executor is deemed to be a citizen only of the same state as the decedent when the executor represents the decedent in litigation. 28 U.S.C. § 1332(c)(2).
SMJ - DJ - corporations
A corporation is a citizen of every state in which it is incorporated AND the state where it has its principal place of business - so either can satisfy the location requirement
Remember — corporations may have multiple citizenships, each of which is considered when determining whether complete diversity exists.
SMJ - DJ - alienage
28 U.S.C § 1332(a)(2) grants subject matter jurisdiction over alienage cases in which the dispute is between a U.S. citizen and an alien (citizen or subject of a foreign country)
No federal jurisdiction over case by one alien against another alien.
SMJ - DJ - timing (3 main points)
Diversity of citizenship must exist at the time the suit is FILED.
Need not exist at the time the cause of action accrues.
Not defeated if one party moves to same state as opposing party. (focus on diversity at the time the suit is filed).
SMJ - DJ - other corporate entities
The citizenship of a partnership, general or limited, is that of each and every partner - both limited AND general partners
LLCs are treated as unincorporated associations, meaning that an LLC is a citizen of all states of which ALL OF its members are citizens
SMJ - DJ - infants/incompetents/decedents
Again, remember that a legal representative of an infant, an incompetent, or an estate of a decedent is deemed to be the citizen of the same state as the infant, incompetent, or decedent.
SMJ - DJ - aggregation (single vs multiple plaintiffs)
A SINGLE plaintiff may aggregate her claims against a SINGLE defendant.
>>> The claims DO NOT have to be legally or factually related. (DISTINGUISH FROM SJ CNOF REQ)
>>> if π is suing a single ∆ on ALTERNATE claims, the AIC must be met on each claim
>>> ∆’s CC cannot be aggregated with the OG claim to meet the AIC req.
Aggregation against MULTIPLE defendants requires that the defendants be jointly liable for each of those claims
>>> so if jointly liable, add up each claim to get your AIC
Multiple plaintiffs can aggregate their claims to reach the jurisdictional limit (more than $75,000) ONLY IF the multiple plaintiffs seek to enforce A COMMON RIGHT
SMJ - DJ - complete diversity
There must be complete diversity of parties. This means that each plaintiff must be of diverse citizenship of each defendant. (in other words, no plaintiff can be a citizen of the same state as any defendant).
Complete diversity is typically satisfied if there is diversity between the named parties for the class-action suit.
PJ - what it is; 3 types
Refers to a federal court’s power or authority over the parties to a case or property. It is primarily focused on due process or fairness to an out-of-state defendant.
Can be WAVIED and can be CONSENTED TO
Three types: (1) in personam jurisdiction (over the person); (2) in rem jurisdiction (over ppty); and (3) quasi in rem jurisdiction (taking of defendant’s ppty to satisfy a judgment).
PJ - General IPJ - what is it; when can it be established - 3 scenarios
General IPJ means the court has PJ over the defendant for ALL causes of action
Can be established over a defendant who is:
>>> personally served with the lawsuit in the forum state (TAG juri),
>>> a defendant who has continuous & systematic contacts such that they are domiciled/”at home” in the state, OR
>>> a defendant who has consented to being sued in the forum state.
[In Personam Jurisdiction = PDC (personal served, domiciled, or consented)]
PJ - Specific IPJ - what is it; 2 requirements
Specific IPJ means the court has PJ over the defendant for THE COMPLAINED OF COA
(1) is there a long-arm statute that authorizes the court to reach out and bring the out-of-state defendant …; and
(2) the out-of-state defendant:
(a) has minimum contacts with the forum state;
(b) suit arises out of those contacts; AND
(c) having suit in that state is otherwise fair and reasonable
PJ - Specific IPJ - minimum contacts (general rule)
The out-of-state defendant must have **purposefully availed** himself of the benefits of the forum state such that the defendant could reasonably anticipate being sued in the forum state.
PJ - Specific IPJ - minimum contacts; arise out of (corporations, generally)
Generally, a business or corporation must have **systematic and continuous activities** with the forum state.
>>> ****One-times sales or passive activities (informational websites or online processing facilities) are not enough.
for “arise out of,” be careful and look at plaintiff’s claim - if there was a contract formed in state A and injury occurred in state B, “arise out of” will depend on whether this is a BOC action or a tort action
SMJ - SJ (what is it; analysis; effects on diversity; most common SJ occurrence)
Supplemental jurisdiction allows a federal court (DISCRETIONARY if it meets these requirements) to add claims (including state law claims) that don’t satisfy subject-matter jurisdiction to a case that has subject matter jurisdiction.
**FIRST check if these secondary claims have DJ or FQJ, if not, move with your analysis: Supplemental state claims must arise out of the ***“common nucleus of facts” (CNOF)***
>>> CNOF means that the claims are such that the plaintiff would be expected to try them all in one judicial proceeding
>>> remember that “same T/O” is included within CNOF
Parties from supplemental claims CANNOT destroy diversity.
Supplemental jurisdiction often occurs when defendant is trying to add a claim or party to the lawsuit (counterclaim or cross-claim)
Removal - main points (what it is, who can do it, major restriction, court’s discretion)
This allows a defendant to remove a case that was filed in state court to federal court (so STATE > FED)
>> **ALL defendants must consent
>> case MUST have been able to be brought in federal court originally
>> plaintiffs CANNOT remove lawsuits, plaintiffs bring lawsuits
forum defendant rule: removal based on SOLELY ON DIVERSITY of parties is not allowed when ANY defendant is a citizen of the forum state in which the original state action is pending.
>>> you’ll be able to remove (b/c its your right), but the case will most certainly be remanded back to state court
Removal is OF RIGHT, meaning the court simply accepts the case.
Remand (rule & timing)
A PLAINTIFF can seek to remand a case that has been IMPROPERLY removed to federal court back to the state court.
Must be filed within 30 days of the defendant’s filing of a Notice of Removal. If not filed within that time period, it is waived.
>>> UNLESS you are remanding for lack of SMJ - remandable at any time
Venue - what is it; 3 places where venue is proper; can it be waived
Venue relates to whether a case is in the proper court (the proper federal district court for MBE purposes).
>>> there can be multiple places where there are proper venue!
(1) Venue is proper in any district within the state where a defendant resides if all defendants reside in that state.
(2) Venue is proper in any district where a substantial part of the events that led to the lawsuit occurred. (i.e. – where car accident occurred)
(3) FALLBACK (only if the others don’t work): Venue is proper in any district where the court has personal jurisdiction over ANY defendant.
>>> generally only where the events occurred out of the country
**proper venue is WAIVABLE by defendant
