Jurisdiction Flashcards
What is SMJ?
The courts power over a particular type of case
Requirements for Diversity Jx
- Complete diversity btw plain(s) and def(s)
- Claim over $75k
What kind of cases can federal courts hear?
Diversity or federal question
How is the citizenship of an individual decided?
Based on domicile (physical presence + intent)
How is the citizenship of a corporation determined?
Corps are citizens of the state of principals place of business and any state where incorporated
How is the citizenship of unincorporated businesses determined?
All states of the members
How is citizenship for class actions determined?
Based on the citizenship of the class rep(s)
Can a plaintiff aggregate claims against one defendant to meet $75k for diversity purposes?
Yes
Can plaintiff aggregate claims against multiple defendants to meet the $75k for diversity purposes?
Yes if defendant are jointly being sued
No if defendants are separate
What is needed for federal question jurisdiction?
Claim must arise under federal law or constitution
Can a plaintiff remove a case to federal court?
No. Only a defendant can remove.
What is supplemental jurisdiction?
Gets a claim into court even though it is not based on a federal question or diversity. Needs a common nucleus of operative facts. (Ct. has discretion)
What is Personal jurisdiction?
The courts power over a specific defendant.
What are the 4 basis for automatic PJ?
- Def domiciled in state
- Physical presence (voluntary + served process)
- Consent
- Waiver (didn’t object in 1st response)
How else can a court have PJ over a Def if no traditional basis for PJ?
Minimum contacts:
Either
1. General Jx: def “at home” in state cuz has continuous and systematic contacts
2. Specific Jx: def has purposely availed and suit foreseeable
*THEN see if Jx will not offend the traditional notions of FairPlay and Justice
