Jurisdiction

Question 1

Jurisdiction

Answer 1

Court’s power

Question 2

Kinds of jurisdiction

Answer 2

1. Personal jurisdiction (PJ, in personam power over a particular defendant)
2. Subject-matter jurisdiction (SMJ, court’s power over the case - fed court requires FQJ or DJ)
3. 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)

Question 3

Personal jurisdiction bases

Answer 3

1. traditional
2. statutory
3. constitutional

Question 4

Traditional bases for personal jurisdiction

Answer 4

(CDP)
1. consent Iappearance, implied by presence)
2. domicile
3. presence (service in forum)

Question 5

Statutory basis for personal jurisdiction

Answer 5

• 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

Question 6

Is an individual personally served process while voluntarily present in a forum state subject to its personal jurisdiction?

Answer 6

Yes; transient personal jurisdiction

Question 7

Does transient personal jurisdiction apply to most corporate entities?

Answer 7

No

Question 8

Constitutional basis for personal jurisdiction

Answer 8

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)

Question 9

Minimum contacts test elements

Answer 9

1. minimum contacts
2. relatedness
3. fairness

Question 10

Minimum contacts test - minimum contacts element

Answer 10

1. 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)

Question 11

Minimum contacts test - relatedness element

Answer 11

2. 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)

Question 12

How does a company/individual “purposefully avail itself to the privileges and benefits” of doing business in a state?

Answer 12

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)

Question 13

Minimum contacts test - fairness element

Answer 13

3. Fairness factors: consider interests of 1) P in getting relief, 2) forum state in providing redress, and 3) D in not being gravely inconvenienced

Question 14

How may pjx be waived? (2)

Answer 14

Either by:
1. express consent, OR
2. failing to object in answer or other responsive pleading on merits

Question 15

SMJ types (4)

Answer 15

1. federal-question jurisdiction
2. diversity jurisdiction
3. supplemental jurisdiction
4. erie doctrine

Question 16

Can subject matter jurisdiction be waived?

Answer 16

No

Question 17

What must the court do with a case if SMJ is found lacking?

Answer 17

Court must dismiss

Question 18

When may subject matter jurisdiction be raised?

Answer 18

May be raised anytime, even on appeal.

Question 19

Over what kinds of claims do courts have FQJ?

Answer 19

Over plausible claims that arise under the constitution, treaties, or US laws.

Question 20

FQJ components

Answer 20

1. P’s complaint
2. Exclusively federal statutes
3. Req of claims depending on federal statutes

Question 21

FQJ - P’s complaint

Answer 21

P’s complaint must contain substantial FQ p/f case. Insufficient to anticipate federal defense

Question 22

FQJ - Exclusively federal statututes

Answer 22

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)

Question 23

FQJ - req of claims depending on federal statutes

Answer 23

If claim depends on a federal statute, requires that statute provide for a federal cause of action

Question 24

Citizenship + types

Answer 24

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

Question 25

When is citizenship determined?

Answer 25

At time of filing.

Question 26

Diversity jurisdiction rule + elements list

Answer 26

(1) complete diversity of citizenship + (2) AIC > 75k (pled in GF, excl. interest or costs
1. Citizenship
2. Complete diversity of citizenship
3. AIC

Question 27

Resident’s domicile

Answer 27

Physical presence + intent to remain there indefinitely

Question 28

Corporation’s domicile

Answer 28

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)

Question 29

Complete diversity of citizenship

Answer 29

No P can be from the same state as any D (U.S. vs. foreign OK)

Question 30

AIC

Answer 30

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

Question 31

Supplemental jurisdiction

Answer 31

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)

Question 32

Can supplemental jx be used if P is trying to avoid complete diversity requirement in federal court?

Answer 32

No

Question 33

Can override AIC requirement if a P joins with lower AIC, without breaking diversity (supplemental jx)?

Answer 33

Yes

Question 34

What may federal courts do vis-a-vis supplemental jx claims if claims are dismissed before trial (not on merits)?

Answer 34

Refuse to exercise discretion for supplemental jx

Question 35

Erie doctrine

Answer 35

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

Question 36

When new D joins case, by when must they remove?

Answer 36

By 30 days from when they join, & they remove with other Ds

Question 37

Under what condition is diversity removal allowed? At what point is diversity removal not allowed?

Answer 37

1. only if no D is a citizen of forum state where suit filed
2. no removal based on diversity after 1 year after brought in state court, unless P acted in bad faith

Question 38

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?

Answer 38

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

Question 39

What can P do if they think case should not be removed?

Answer 39

P may move to send the case back to state ct

Question 40

Mandatory remand

Answer 40

if removal was improper, judge must remand back to the state court

Question 41

When must P’s motion for remand be made?

Answer 41

Within 30 days from removal notice

Question 42

In what case may P move to remand at any time (i.e., beyond normal requirement)? What is D’s burden?

Answer 42

If there is a lack of SMJ. D has burden to show that removal to federal court was proper in the first place.

Question 43

Discretionary remand

Answer 43

if federal trial would be unwise, judge has discretion to remand back to state court

Question 44

When must removal be made?

Answer 44

Within 30 days of formal service of process