JURISDICTION

Question 1

What jurisdiction must a court have to hear and enforce orders in a case?

Answer 1

1. Subject matter jurisdiction

2. Personal Jurisdiction

Question 2

Subject matter jurisdiction

Answer 2

1. Limited subject matter jurisdiction
2. Scope of jurisdiction
3. Non-waivable
4. Federal Question and Diversity

Question 3

Federal Question Jurisdiction

Answer 3

1. Claim created by federal law, or

2. Claim created by state law and requires resolution of substantial question of federal law

Question 4

Substantial question factors

Answer 4

1. Federal issue will or has been raised in the case
2. Federal issue will or as been disputed in the case
3. Resolution important to federal system
4. Exercise will not disrupt balance between federal and state judicial systems

Question 5

Well-pleaded complaint rule

Answer 5

A federal issue must be present on the face of the plaintiff’s complaint.

Question 6

Diversity Jurisdiction

Answer 6

1. Complete diversity

2. Amount in controversy exceeds 75,000

Question 7

Complete Diversity

Answer 7

Adverse parties do not share citizenship, which is determined as of the date the complaint is filed.

Question 8

Complete diversity - individuals, corporations, unincorporated entities

Answer 8

Individuals - domicile
Corps - PPB (nerve center) and place of incorporation
Unincorp - state of citizenship of each partner or member (SP, LLP, LLC, LP)

Question 9

Amount in controversy

Answer 9

1. Exceeds $75,000
2. Satisfied if made in good faith
3. Determined by looking at face of the complaint

Question 10

Aggregating claims

Answer 10

1. Claims by single plaintiff against single defendant can be aggregated even if unrelated
2. Claims by multiple plaintiffs cannot be aggregated except where they share common and undivided interest

Question 11

Class actions - amount in controversy

Answer 11

If at least one plaintiff has claim in excess of 75k then other plaintiffs with lesser claims can join the class under supplemental jurisdiction.

Question 12

Supplemental Jurisdiction

Answer 12

When court has original jurisdiction over at least one claim, then court may also have supplemental jurisdiction over other claims for which there is no original jurisdiction.

Question 13

Supplemental Jurisdiction - Elements

Answer 13

1. Same set of events
2. Party is permitted to bring forth the claim (FQ: P or D; DJ: existing Ps cannot add nondiverse claims later and no P can bring claim that would destroy complete diversity. D can bring claims.)
3. 1367 factors (will court decide?)

Question 14

1367 Factors (will court decline jurisdiction over the nondiverse state law claims?)

Answer 14

1. original jurisdiction claims dismissed
2. supplemental claim predominates over original jurisdiction claim
3. supplemental claim raises novel or complex issue of state law

Question 15

Removal Jurisdiction Rule

Answer 15

A case is removable in its entirety if all claims are removable.

Question 16

Removal Jurisdiction Elements

Answer 16

1. At least one claim falls within federal court’s original jurisdiction (supplemental claims and claims severed/remanded not fall within original jurisdiction)
2. Defendants joined or consented to removal (diversity: all Ds must consent; FQ: only Ds whose names are on the federal question claims)
3. D properly filed notice of removal (filed in federal court where case is pending in state court)

Question 17

Personal Jurisdiction Rule

Answer 17

A court must have personal jurisdiction over the person or property subject to the case.

Question 18

Types of personal jurisdiction

Answer 18

1. In personam
2. In rem (all parties who have potential claim; notice)
3. Quasi in rem (specific P; minimum contacts/fairness test)

Question 19

Personal Jurisdiction Elements

Answer 19

1. Statutory basis (long arm statute)

2. Is exercise of PJ over D consistent with fairness requirements of the Due Process Clause?*

Question 20

Fairness requirements of the Due Process Clause*

Answer 20

1. General jurisdiction (“at home” test)

2. Specific jurisdiction*

Question 21

Specific Jurisdiction Rule*

Answer 21

The defendant has sufficient contacts with the state to the extent that it would be fair to make the defendant defend the case in that forum state.

Question 22

Specific Jurisdiction Elements*

Answer 22

1. D’s forum activities or contacts give rise to cause of action (nexus)
2. D had minimum contacts w/ forum state (purposeful availment/foreseeability; stream of commerce)
3. Exercise of jurisdiction supported by due process standard of reasonableness*

Question 23

Specific jurisdiction - Purposeful availment/foreseeability*

Answer 23

1. Defendant purposefully undertook activities that constitute minimum contacts with the forum state such that it is foreseeable that defendant could be hauled into court there.
2. Extent and nature of D’s in-forum activities are more than de minimis. Does not have to be consistent or systematic.

Question 24

Specific Jurisdiction - e-commerce

Answer 24

1. Level of interactivity on D’s website
2. Extent of hits made on that website by users in forum state
3. Extent of commercial activity conducted by D in forum state

Question 25

Specific Jurisdiction - Due Process Standard of Reasonableness*

Answer 25

1. P’s interest in having suit heard by chosen forum
2. Forum state’s interest in providing forum for dispute
3. Burden on D in having case heard in chosen forum
4. Interstate judicial system’s interest in obtaining efficient solution and furthering social policies.

Question 26

Venue

Answer 26

Limits the geographic location of courts in which a civil action can be brought. Purpose is to promote and maintain fairness and convenience.

Question 27

Proper Venue

Answer 27

1. One D - District where D resides
2. Multiple Ds - Any district where at least one D resides, when all Ds reside within same state that contains district
3. Where substantial part of events or omissions giving rise to cause of action occurred
4. Where substantial part of property located
5. District in which any D is subject to court’s PJ (last resort, multiple Ds, and outside of US)

Question 28

Venue - Removal Jurisdiction

Answer 28

Venue proper only in district that embraces the state court from which the case was removed.

Question 29

Transfer

Answer 29

If venue lies, court has discretion to transfer claim for (1) convenience of parties and witnesses and (2) in the interests of justice.

Question 30

Transfer - Where can case be transferred to?

Answer 30

1. A district where all parties consent, or

2. Where D is subject to PJ and venue would lie

Question 31

Transfer - choice of law

Answer 31

When transferred, the receiving court applies the law that the transferring court would have applied. If transferred by court sua sponte, then receiving court will make its own choice of law analysis

Question 32

Forum non conveniens

Answer 32

Gives court power to dismiss case where another forum is more convenient. P may then refile complaint with the court in that proper/ more convenient forum.

Question 33

Forum non conveniens - factors

Answer 33

1. Location of witnesses, records, evidence
2. Burden on D
3. Whether P can refile in new venue
4. Choice of law
5. Public interest

Question 34

Venue - Flowchart

Answer 34

1. Where is Venue proper? (proper)
2. What does it mean to reside? (reside)
3. Whether or not can transfer and how (transfer)

Question 35

Service of Process and Notice Rule

Answer 35

The service of process must meet both statutory and constitutional requirements.

Question 36

Service of process - Elements

Answer 36

1. Was there a statutory basis?

2. Is the service of process constitutional?

Question 37

Service of Process - Statutory Basis

Answer 37

Service of process made either via personal service on the defendant, agent, or person of suitable age and discretion who lives in d’s home, and complied w/ statutory rules of the forum state where service made.

Question 38

Forum -Defendant Rule

Answer 38

If D is citizen of forum state where P filed action, D cannot remove the claim to federal court.

Question 39

Service of Process - how proper?

Answer 39

Service must be both a proper method under the Federal Rules of Civil Procedure (which incorporate state law methods of service for both the forum state and the state where process is to be served) and constitutionally sufficient