Jurisdiction

Question 1

5 types of federal jurisdiction

Answer 1

1. Diversity
2. “Arising Under”
3. Special Jurisdictional Statutes
4. Removal
5. Supplemental

Question 2

Subject Matter Jurisdiction

Answer 2

Federal vs. State; jurisdiction over the type of claim

Question 3

Diversity jurisdiction requires

Answer 3

that there is diversity, an amount over $75,000 in controversy, and that diversity is complete.

Question 4

Diversity occurs

Answer 4

when there are citizens of different states or of a state and foreign nation. Permanent resident aliens are treated as citizens.

Question 5

Diversity is complete

Answer 5

when there no plaintiffs from same state as any defendant.

Question 6

“Arising” under is

Answer 6

a claim arising under U.S. Constitution, Statutes or treaties. The two test for “arising under” are ingredients test and creation test.

Question 7

The creation test is

Answer 7

when federal law creates the claim

Question 8

The ingredient test is when

Answer 8

a substantial ingredient of the claim is federal in nature. It is more liberal and general, and would allow more “arising under” claims.

Question 9

In arising under jurisdiction, the plaintiff’s claim must

Answer 9

arise out of federal law. Anticipation of federal defense is not enough. Even the the us of a federal law in avoidance of defense is not enough.

Question 10

Some examples of special jurisdictional statutes are

Answer 10

when the U.S. is a party, sovereign immunities act, bankruptcy, and exclusive statutes.

Question 11

Supplemental jurisdiction

Answer 11

purpose to allow closely related, non-jurisdictional claims to be litigated together with a jurisdictional claim that is in federal court. i.e. non-jurisdictional claims by plaintiff, as well as counterclaims, cross-claims

Question 12

The test of supplemental jurisdiction is

Answer 12

The district court has supplemental jurisdiction over the claim if it is so related that they form part of the same case or controversy.

Question 13

The court has discretion in supplemental jurisdiction when

Answer 13

there is a novel state question, the non-jurisdictional claim dominates, or the jurisdictional claim is dismissed.

Question 14

Removal jurisdiction is

Answer 14

when defendant is allowed to take the case from state court or federal court because the federal court has original jurisdiction. But, if diversity is the sole basis of jurisdiction, the case cannot be removed if there is a resident defendant (local citizen)

Question 15

The procedure for removal is

Answer 15

1. Defendant files a notice of removal and all defendant must join.
2. within 30 days after receipt of pleading or notice
3. Notice effects removal. The state court proceeds no further.
4. Court may order filing of copy of state proceedings.

Question 16

Under removal jurisdiction, a court can remand

Answer 16

any time before judgment, on motion of a party or by its own motion. The remand is not reviewable by appellate court.

Question 17

The time limit on removal for diversity actions

Answer 17

is one year. The may be problems if one party settles, but settlement is not finalized to prevent removal. Procedural defects must raised by defendant’s motion within 30 days or waived.

Question 18

In personam jurisdiction is

Answer 18

which court has the power to adjudicate a person. Or which state or federal court in what state.

Question 19

In personam jurisdiction can be satisfied

Answer 19

by

1. tag jurisdiction
2. consent
3. long arm statutes and due process
4. forum selection clause
5. nationwide service
6. In rem jurisdiction

Question 20

tag jurisdiction

Answer 20

is the service of process on a person inside the territory of the forum state. Suffices without minimum contacts fairness analysis.

Question 21

Exceptions to tag jurisdiction are

Answer 21

if the person is in the territorial limits due to fraudulent enticement or by subpoena.

Question 22

Consent for in personam jurisdiction is when

Answer 22

a person has consented, expressly or impliedly to jurisdiction.

Question 23

An example of implied consent for in personam jurisdiction is

Answer 23

nonresident motorist statutes.

Question 24

Express consent would be

Answer 24

if you waived jurisdiction by appearing and defending the lawsuit without a special appearance.

Question 25

A special appearance is

Answer 25

when you appear to make a motion to dismiss. Defendant may need to make motion before litigating merits. This is not a waiver is done under the applicable rules. but forecloses collateral attack.

Question 26

A collateral attack

Answer 26

is when the defendant does not appear, then attacks the jurisdiction is his home state when there is action on the default judgment.

Question 27

A collateral attack is risky because

Answer 27

it forecloses the defendant offering any judgment on the merits.

Question 28

Federal 12(b) motion

Answer 28

is analogous to a special appearance but need not be first, but there is a time limit.

Question 29

Forum selection clauses are

Answer 29

clauses in contracts that pick the jurisdiction and venue. Federal courts usually enforce forum selection clauses.

Question 30

Nationwide service is

Answer 30

federal statutes that erase state borders with respect to service of process and create nationwide service. i.e. a securities offering

Question 31

Long arm jurisdiction complies with due process if

Answer 31

defendant has sufficient contacts with the forum state so that the suit is consistent with traditional notions of fair play and substantial justice.

Question 32

For in personam jurisdiction, state long arm statutes must

Answer 32

comply with due process and state law.

Question 33

A person has sufficient contacts if

Answer 33

there is specific or general jurisdiction, have availed himself of the states benefits and protections, and can reasonably anticipate being hailed into court there.

Question 34

A corporation is a citizen

Answer 34

where it is incorporated and where it has it’s principle place of business. The nerve center will typically be found at a corporation’s headquarters.

Question 35

An individual is a citizen

Answer 35

is his domicile, his true, fixed, permanent home and principal establishment (not necessarily residence)

Question 36

Specific jurisdiction is

Answer 36

when the claim and contacts are related. It requires less contacts.

Question 37

General jurisdiction is

Answer 37

when the claims and contacts are not related. It requires systematic and continuous contacts such that the defendant is essentially at home in the forum state.

Question 38

An individual is essentially at home

Answer 38

in the individuals domicile.

Question 39

A corporation is essentially at home

Answer 39

where the corporation is incorporated and where it has it’s principle place of business.

Question 40

In rem jurisdiction

Answer 40

when a “thing” is within the power of the court and the court has the right to adjudicate over it. Most commonly land. However things cannot be seized to make defendant appear if defendant has no other contacts and case is not about the thing.

Question 41

Texas Long Arm Statutes

Answer 41

Nonresident motorist and general long arm- covers anyone doing business and has minimum contacts and reaches to the limits of due process.