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MBE Civ Pro > Jurisdiction > Flashcards

Jurisdiction Flashcards

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MBE flashcards
1
Q

SMJ

A

diversity or federal question

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2
Q

diversity

A

1) suit must be in excess of 75k (legal certainty) (can add multiple claims; one p and one d to reach the threshold)

2) complete diversity- no p can reside in same state as d at all times

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3
Q

federal question

A

federal law, etc.

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4
Q

if one plaintiff has the amount,

A

other plaintiffs can join

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5
Q

class action

A

one named member meets 75k, then the rest are good

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6
Q

domicile

A

citizenship with intent to remain

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7
Q

Foreign citizens

A

US Citizen plus foreign citizen creates diversity

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8
Q

two foreign citizens

A

no diversity

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9
Q

corporation

A

state of incorporation and ppb

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10
Q

cannot join a party…

A

just to obtain diversity

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11
Q

federal questions

A

p’s claim must be based on federal law

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12
Q

well-pleaded complaint rule

A

federal issue must be obvious

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13
Q

federal issue as a defense is not

A

federal questions

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14
Q

federal question cases

A

maritime, admiralty, intellectual property

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15
Q

supplemental jdx

A

case itself may add claims without smj if they arise from a common nucleus of facts

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16
Q

diversity supplemental

A

same operative of common nucleus of facts, but new party cannot destroy diversity of citizenship

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17
Q

if federal question supplemental

A

it can come in after common nucleus

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18
Q

if defendant is one trying to add claim or party,

A

generally supplemental will be allowed

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19
Q

if plaintiff,

A

generally will not be allowed to

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20
Q

court- supplemental jdx

A

court discretion

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21
Q

personal jurisdiction

A

can you get an individual into court

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22
Q

elements

A

1) person is present in the state (if you get served while in the state)- EXCEPT if physically there because of fraud, court suit

2) Domicile

3) consent to be sued there

4) long arm statute- state can reach out of state persons

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23
Q

long arm statute

A

even if allowed, are there sufficient minimum contacts that it would not violate due process

24
Q

minimum contacts- corp

A

does not offend traditional notions of fair play and justice; such activity that i could reasonably anticipate to litigate in that state

did they purposely avail themselves of the service of the state or it is systematic and continuous of that state

25
Q

in rem jdx

A

not trying to get individual, but rather a property

26
Q

quasi in rem

A

going after property to satisfy a judgment over an individual and you could not get the individual

27
Q

service of process

A

allowed only in the limits of the state where district sits or anywhere allowed under state law (long arm)

28
Q

100 mile bulge provision

A

out of state service will be allowed to out of state anywhere within 100 mile radius only if you are trying to bring in as additional parties

29
Q

how is service of process done?

A

1) personal service (over 18 nonparty)
2) substitute- at home with suitable age (think maturity)
3) first class mail- mail is okay if d returns an acknowledgement
4) agent
5) state method that allows

30
Q

out of state

A

registered or certified mail or newspaper

31
Q

can you serve a public official?

A

yes. then gives it to defendant

32
Q

serving corp

A

officer or designated agent of the company; anyone of sufficiently high placement

33
Q

removal

A

in state court to federal court

34
Q

removal will be okay if

A

it could have been in federal court

35
Q

has to be in a state court;

A

not allowed if in a state agency

36
Q

only d may remove

A

to federal court

37
Q

multiple ds- removal

A

all must join the notice of removal

38
Q

notice of removal must be

A

filed within 30 days from the orginal complaint

39
Q

1 year rule of removal

A

if it is diversity cannot be removed more than 1 year after the start of the lawsuit

40
Q

diversity case home plate d

A

cannot remove if he is a citizen of that state

41
Q

multiple claims and one can be removable

A

all can be removed

42
Q

remand

A

from federal court to state court if they believe it was improperly removed

43
Q

plaintiff does the

A

remanding

44
Q

remand

A

30 days within removal notice

45
Q

Venue

A

which is the proper district

46
Q

3 basic places

A

district where any defendant resides; if there are multiple defendants where all the defendants resides if they all live in that state; substantial part where coa arose; where d is reachable (personal jurisdiction)

47
Q

corporation venue

A

district where ppb or district where incorporated

48
Q

venue is based on

A

defendant

49
Q

transferring venue

A

if venue was proper in the first place, but wants it in another place, the court may transfer the case for the convenience of the parties and in the interest of justice (law of original state will apply)

50
Q

if venue was proper

A

it will transfer and not dismissed

51
Q

if venue was not proper, then judge must

A

dismiss or if in the interests of justice and may transfer it to any district where it might have been originally brought if it is in the interests of justice

52
Q

transfer by consent

A

if we both consent to be here even if convenient then it will stay there

53
Q

dismissal under forum non conveniens

A

if more convenient to go to another country

54
Q

specific jdx

A

claim arises out of this

55
Q

general jdx

A

homeowner’s domicile

MBE Civ Pro (6 decks)

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