Jurisdiction and Venu Flashcards
Subject Matter Jurisdiction?
When the fed court can have jurisdiction over the case matter itself
What do we need for diversity jurisdiction for human?
Parties are citizens of different states and amount in controversy is over $75,000
For Diversity Jx, what is one is citizen and the other is a foreigner?
Still diversity
For diversity Jx what if two foreigners?
No diversity
Diversity Jx for corp?
A corp is a citizen of any state in which it 1. is incorporated 2.its principle place of business
For diversity Jx, how do we know the amount is over $75,000. What rules?
- Must be possible that their claim is over the threshold. Always look at there amount the plaintiff is alleging
For diversity Jx, can you add claims even if some are below the threshold?
Yes, so long as one claim is worth $75,000 you can add other smaller claims from others through supplemental jx.
For diversity Jx, what if you have smaller claims that add up to $75,000?
A single D can add smaller claims so to hit the threshold.
Fed Question Jx?
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.
Venue?
Always based on the defendant!!!
Proper venue can be any of the following
- Any district where the D resides
- AND/OR where a substantial parts of the even occurred, AND/OR
- Where ever one D is reachable (PJ)
Venue for corporations?
- As a D, any district where it does principle place of business or state of incorporation
Forum Non-Convience?
Occurs When a case is In a fed court, but for convenience they can move it to another court
What to look for in FNC?
Look for if Venue was proper to begin with the. It it was:
- Then it can be transferred to another court but law of original state will apply
If it wasn’t
- Then transferring to another proper district is preferred and law of new state applies
Personal Jurisdiction?
Is it fait to bring this person into fed court?
Looking for:
- Are they present in the state where the case will be heard?
- Consent to be sued there?
- Domiciled in the state?
PJ for Out of state defendant?
Long arm statutes. These art statutes that allow state A to get the D into the state
Biggest factor for PJ?
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.
Limits to service of process?
- Limits of state where the district court sits
- Long arm statute that allows service outside of the state
Exception to limits on service of process?
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.
Actual Service of process?
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
- Registered mail
1. okay for out of state - Newspaper
- Okay, so long as there is not other way
Service of a corporation?
- Hand to office
a.) Officer
b.) Agent
c.) anyone in a high level of placement
In rem jursidiction?
When you are trying to get jx over an ITEM or property
Quasi in rem?
Using property to satisfy a judgement against an individual
Removal to federal court?
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.
Who can remove to fed court?
Only a D. If there are multiple Ds, they all must join in the notice of removal together.
Diversity for removal Jx?
Can be based on diversity, unless if Ds are citizens of the state youre moving to.
Timing of removal Jx?
Must file within 30 days you receive the state complaint
will not be allowed more than one year after the action
Supplemental Jx?
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.
Diversity w supplemental Jx?
Looking for same common nucleus of facts AND
- IF a D is trying to add a claim as supplemental, then its okay
- If its a P then it is not allowed
Fed question w Supplemental jx?
- Supplemental Jx will be allowed if the new claim arises out of common nucleus of facts
