Jurisdiction Flashcards
SMJ
diversity or federal question
diversity
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
federal question
federal law, etc.
if one plaintiff has the amount,
other plaintiffs can join
class action
one named member meets 75k, then the rest are good
domicile
citizenship with intent to remain
Foreign citizens
US Citizen plus foreign citizen creates diversity
two foreign citizens
no diversity
corporation
state of incorporation and ppb
cannot join a party…
just to obtain diversity
federal questions
p’s claim must be based on federal law
well-pleaded complaint rule
federal issue must be obvious
federal issue as a defense is not
federal questions
federal question cases
maritime, admiralty, intellectual property
supplemental jdx
case itself may add claims without smj if they arise from a common nucleus of facts
diversity supplemental
same operative of common nucleus of facts, but new party cannot destroy diversity of citizenship
if federal question supplemental
it can come in after common nucleus
if defendant is one trying to add claim or party,
generally supplemental will be allowed
if plaintiff,
generally will not be allowed to
court- supplemental jdx
court discretion
personal jurisdiction
can you get an individual into court
elements
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
long arm statute
even if allowed, are there sufficient minimum contacts that it would not violate due process
minimum contacts- corp
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
in rem jdx
not trying to get individual, but rather a property
quasi in rem
going after property to satisfy a judgment over an individual and you could not get the individual
service of process
allowed only in the limits of the state where district sits or anywhere allowed under state law (long arm)
100 mile bulge provision
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
how is service of process done?
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
out of state
registered or certified mail or newspaper
can you serve a public official?
yes. then gives it to defendant
serving corp
officer or designated agent of the company; anyone of sufficiently high placement
removal
in state court to federal court
removal will be okay if
it could have been in federal court
has to be in a state court;
not allowed if in a state agency
only d may remove
to federal court
multiple ds- removal
all must join the notice of removal
notice of removal must be
filed within 30 days from the orginal complaint
1 year rule of removal
if it is diversity cannot be removed more than 1 year after the start of the lawsuit
diversity case home plate d
cannot remove if he is a citizen of that state
multiple claims and one can be removable
all can be removed
remand
from federal court to state court if they believe it was improperly removed
plaintiff does the
remanding
remand
30 days within removal notice
Venue
which is the proper district
3 basic places
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)
corporation venue
district where ppb or district where incorporated
venue is based on
defendant
transferring venue
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)
if venue was proper
it will transfer and not dismissed
if venue was not proper, then judge must
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
transfer by consent
if we both consent to be here even if convenient then it will stay there
dismissal under forum non conveniens
if more convenient to go to another country
specific jdx
claim arises out of this
general jdx
homeowner’s domicile
