Jurisdiction Flashcards
Jurisdiction
Court’s power
Kinds of jurisdiction
- Personal jurisdiction (PJ, in personam power over a particular defendant)
- Subject-matter jurisdiction (SMJ, court’s power over the case - fed court requires FQJ or DJ)
- Removal (only defendant can remove a case originally filed in state court to fed court if the case could have been brought by plaintiff in fed court, that is, if there is SMJ (check FQJ or DJ; PJ is irrelevant)
Personal jurisdiction bases
- traditional
- statutory
- constitutional
Traditional bases for personal jurisdiction
(CDP)
1. consent Iappearance, implied by presence)
2. domicile
3. presence (service in forum)
Statutory basis for personal jurisdiction
- A state’s long arm statute gives jx over non-residents to constitutionally permissible extent (assume state X has one).
- Exercise of such must still have constitutional basis
Is an individual personally served process while voluntarily present in a forum state subject to its personal jurisdiction?
Yes; transient personal jurisdiction
Does transient personal jurisdiction apply to most corporate entities?
No
Constitutional basis for personal jurisdiction
To satisfy due process requirements for jurisdiction over defendant, he must have had such “minimum contacts” with the forum so that exercise of jurisdiction over him does not offend “traditional notions of fair play and substantial justice” (international shoe “minimum contacts” test)
Minimum contacts test elements
- minimum contacts
- relatedness
- fairness
Minimum contacts test - minimum contacts element
- minimum contacts between defendant and forum state = (1) purposeful availment to forum state + (2) reasonable foreseeability of being haled into forum state court, e.g., working, receiving compensation (traditional bases are constitutionally adequate to supply “minimum contacts” with forum)
Minimum contacts test - relatedness element
- relatedness of P’s claim to D’s contacts with forum
a. specific jurisdiction arises when the cause of action is related to D’s contacts
b. General jurisdiction can arise even when cause of action is not related: D must have had “continuous and systematic contact” with forum such that D is “essentially at home” (domicile, state of incorporation, or principal place of business)
How does a company/individual “purposefully avail itself to the privileges and benefits” of doing business in a state?
Taking purposeful actions in state (e.g., an individual buying something from a co in state A and transporting it to state B does not constitute purposeful availing to privileges and benefits of state B for the Co)
Minimum contacts test - fairness element
- Fairness factors: consider interests of 1) P in getting relief, 2) forum state in providing redress, and 3) D in not being gravely inconvenienced
How may pjx be waived? (2)
Either by:
1. express consent, OR
2. failing to object in answer or other responsive pleading on merits
SMJ types (4)
- federal-question jurisdiction
- diversity jurisdiction
- supplemental jurisdiction
- erie doctrine
Can subject matter jurisdiction be waived?
No
What must the court do with a case if SMJ is found lacking?
Court must dismiss
When may subject matter jurisdiction be raised?
May be raised anytime, even on appeal.
Over what kinds of claims do courts have FQJ?
Over plausible claims that arise under the constitution, treaties, or US laws.
FQJ components
- P’s complaint
- Exclusively federal statutes
- Req of claims depending on federal statutes
FQJ - P’s complaint
P’s complaint must contain substantial FQ p/f case. Insufficient to anticipate federal defense
FQJ - Exclusively federal statututes
Exclusively federal statutes involve patents and copyrights, antitrust, securities, bankruptcy, interstate commerce, civil rights (U.S. as a party in K or tort case, e.g., estate, enforce alimony)
FQJ - req of claims depending on federal statutes
If claim depends on a federal statute, requires that statute provide for a federal cause of action
Citizenship + types
State of domicile or permanent residence; determined at the time of filing. Domicile must be genuine (OK even if done to create/destroy diversity jurisdiction). Types of domicile:
a. Resident’s domicile
b. Corporation’s domicile
When is citizenship determined?
At time of filing.
Diversity jurisdiction rule + elements list
(1) complete diversity of citizenship + (2) AIC > 75k (pled in GF, excl. interest or costs
1. Citizenship
2. Complete diversity of citizenship
3. AIC
Resident’s domicile
Physical presence + intent to remain there indefinitely
Corporation’s domicile
State of incorporation AND state of principal place of business
i. principal place of business: use “nerve center” test (where decisions are made - HQ, execs) over “muscle” test (where manufacturing or service is done)
Complete diversity of citizenship
No P can be from the same state as any D (U.S. vs. foreign OK)
AIC
Must exceed 75k. Can aggregate by adding together 2+ claims by P or suing joint tortfeasors
a. can aggregate multiple Ps if they are enforcing a single right of common interest (class)
b. Jx not retroactively defeated by actual recovery < 75k. AIC may include attorney fees
Supplemental jurisdiction
Gives discretion to fed ct over additional claims (e.g., state claim) arising from a common nucleus of operative fact as the underlying claim that invoked federal subject-matter jx (FQJ/DJ)
Can supplemental jx be used if P is trying to avoid complete diversity requirement in federal court?
No
Can override AIC requirement if a P joins with lower AIC, without breaking diversity (supplemental jx)?
Yes
What may federal courts do vis-a-vis supplemental jx claims if claims are dismissed before trial (not on merits)?
Refuse to exercise discretion for supplemental jx
Erie doctrine
Generally, a federal court must use state substantive law and federal procedural rules
1. Applies only where court has diversity jurisdiction or claims attached under supplemental jurisdiction, and where the state law that would apply conflicts with a federal rule
2. Is there an “arguably procedural” federal rule on point (based on U.S. constitution, statute, FRCP, FRE, case law, etc.)? If so, federal procedural law applies. If not…
3. Is the issue integral to substantive rights/obligations? If so, apply state law. If not, balance state and federal interests + consider likelihood of different outcome under federal law (if so, state law).
a. “Substantive” law is one that determines “outcome”: statutes of limitations and tolling, choice of law, elements of claim or defense
When new D joins case, by when must they remove?
By 30 days from when they join, & they remove with other Ds
Under what condition is diversity removal allowed? At what point is diversity removal not allowed?
- only if no D is a citizen of forum state where suit filed
- no removal based on diversity after 1 year after brought in state court, unless P acted in bad faith
How does removal work if case has a claim that would arise under federal law and also a state-law claim that does not invoke DJ or supp jx?
Case may still be removed to federal court; fed court must “sever and remand” state-law claims to state court, and Ds with FQ claim asserted against them must join removal
What can P do if they think case should not be removed?
P may move to send the case back to state ct
Mandatory remand
if removal was improper, judge must remand back to the state court
When must P’s motion for remand be made?
Within 30 days from removal notice
In what case may P move to remand at any time (i.e., beyond normal requirement)? What is D’s burden?
If there is a lack of SMJ. D has burden to show that removal to federal court was proper in the first place.
Discretionary remand
if federal trial would be unwise, judge has discretion to remand back to state court
When must removal be made?
Within 30 days of formal service of process
