Jurisdiction and Venu

Question 1

Subject Matter Jurisdiction?

Answer 1

When the fed court can have jurisdiction over the case matter itself

Question 2

What do we need for diversity jurisdiction for human?

Answer 2

Parties are citizens of different states and amount in controversy is over $75,000

Question 3

For Diversity Jx, what is one is citizen and the other is a foreigner?

Answer 3

Still diversity

Question 4

For diversity Jx what if two foreigners?

Answer 4

No diversity

Question 5

Diversity Jx for corp?

Answer 5

A corp is a citizen of any state in which it 1. is incorporated 2.its principle place of business

Question 6

For diversity Jx, how do we know the amount is over $75,000. What rules?

Answer 6

1. Must be possible that their claim is over the threshold. Always look at there amount the plaintiff is alleging

Question 7

For diversity Jx, can you add claims even if some are below the threshold?

Answer 7

Yes, so long as one claim is worth $75,000 you can add other smaller claims from others through supplemental jx.

Question 8

For diversity Jx, what if you have smaller claims that add up to $75,000?

Answer 8

A single D can add smaller claims so to hit the threshold.

Question 9

Fed Question Jx?

Answer 9

Well pleaded complaint rule requires that in the complaint we need 1. a fed issue at question is specifically plead in the complaint. a fed defense does not equal fed question Jx.

Question 10

Venue?

Answer 10

Always based on the defendant!!!

Question 11

Proper venue can be any of the following

Answer 11

1. Any district where the D resides
2. AND/OR where a substantial parts of the even occurred, AND/OR
3. Where ever one D is reachable (PJ)

Question 12

Venue for corporations?

Answer 12

1. As a D, any district where it does principle place of business or state of incorporation

Question 13

Forum Non-Convience?

Answer 13

Occurs When a case is In a fed court, but for convenience they can move it to another court

Question 14

What to look for in FNC?

Answer 14

Look for if Venue was proper to begin with the. It it was:

1. Then it can be transferred to another court but law of original state will apply

If it wasn’t

1. Then transferring to another proper district is preferred and law of new state applies

Question 15

Personal Jurisdiction?

Answer 15

Is it fait to bring this person into fed court?

Looking for:

1. Are they present in the state where the case will be heard?
2. Consent to be sued there?
3. Domiciled in the state?

Question 16

PJ for Out of state defendant?

Answer 16

Long arm statutes. These art statutes that allow state A to get the D into the state

Question 17

Biggest factor for PJ?

Answer 17

Does the D have the minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of justice and fait play so that D could reasonably anticipate being sued in the state.

Eg: John goes to NYC 6-7 times a year, shops, and advertising his business there.

Question 18

Limits to service of process?

Answer 18

1. Limits of state where the district court sits
2. Long arm statute that allows service outside of the state

Question 19

Exception to limits on service of process?

Answer 19

BULDGE. Out of state service will be allowed anywhere within 100 miles of the federal court, only if youre bringing in 3rd party Ds and indepsensible parties.

Question 20

Actual Service of process?

Answer 20

Types of service

 1. Personal service 

  2. substitute service 
          1. indirect service 
                1. Yes, you can leave it at the house with someone of age who is likely to give it to the D

 3. First class mail 
       1. All good, as long as the D returns an awknoledgment that they would in fact receive that service 

4. Registered mail
   1. okay for out of state
5. Newspaper
   1. Okay, so long as there is not other way

Question 21

Service of a corporation?

Answer 21

1. Hand to office

a.) Officer
b.) Agent
c.) anyone in a high level of placement

Question 22

In rem jursidiction?

Answer 22

When you are trying to get jx over an ITEM or property

Question 23

Quasi in rem?

Answer 23

Using property to satisfy a judgement against an individual

Question 24

Removal to federal court?

Answer 24

If a case is in state court, and could have been in federal court, then removal is proper.

TRICK: However, if it is not in state court then it is not proper. They will say it’s a state hearing, etc but not court.

Question 25

Who can remove to fed court?

Answer 25

Only a D. If there are multiple Ds, they all must join in the notice of removal together.

Question 26

Diversity for removal Jx?

Answer 26

Can be based on diversity, unless if Ds are citizens of the state youre moving to.

Question 27

Timing of removal Jx?

Answer 27

Must file within 30 days you receive the state complaint

will not be allowed more than one year after the action

Question 28

Supplemental Jx?

Answer 28

Parties and claims that would not normally have fed Jx, but because they arise from a common nucleus of facts the courts will allow them to latch onto a claim that does.

Question 29

Diversity w supplemental Jx?

Answer 29

Looking for same common nucleus of facts AND

1. IF a D is trying to add a claim as supplemental, then its okay
2. If its a P then it is not allowed

Question 30

Fed question w Supplemental jx?

Answer 30

1. Supplemental Jx will be allowed if the new claim arises out of common nucleus of facts