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Civil Procedure > Jurisdiction and Venue > Flashcards

Jurisdiction and Venue Flashcards

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Civil Procedure 1L flashcards
1
Q

What is Required for the Court to Have the Power to Hear the Case and Bind the Parties?

A
  • Subject matter jurisdiction
  • Personal jurisdiction
  • Service of process and notice
  • Venue
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2
Q

Federal Subject Matter Jurisdiction

A

Federal district courts have limited subject-matter jurisdiction including:

  • Federal Question Jurisdiction
  • Diversity Jurisdiction
  • Supplemental Jurisdiction
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3
Q

Federal Q Jurisdiction

A

Federal district courts have original jurisdiction over all civil actions “arising under the Constitution, laws, and treaties of the U.S.”

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4
Q

“Arises Under Federal Law”: Well-Pleaded Complaint Rule

A

A case arises under federal law if the federal question appears on a Ps affirmative claim.

  • Defenses raised by the D are not enough
  • Ps argument that D cannot raise a defense under federal law is not enough
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5
Q

Embedded Q Jurisdiction

A

A court can assert jurisdiction over a state law claim that raises a federal issue if the FQ is:

  • necessarily raised
  • actually disputed
  • substantial
  • capable of resolution in federal court without disrupting the federal-state balance approved by Congress
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6
Q

Other Types of Cases Where Federal Courts have Original Jurisdiction Over

A

Includes admiralty or maritime cases.

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7
Q

Habeas Corpus Proceedings

A

When a prisoner challenges state confinement claiming that it violates the Fifth, Eighth, and Fourteenth Amendments.

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8
Q

Requirements for Jurisdiction Over Writ of Habeas Corpus (Timing & Remedies)

A
  • Prisoner may bring a writ of habeas corpus within one year of the conclusion of direct review by the state courts
  • Prisoner must exercise all available state remedies.
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9
Q

Diversity Jurisdiction

A

Federal district courts have original jurisdiction over matters involving diverse litigants, where the amount in controversy is greater than $75,000.

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10
Q

Diversity Jurisdiction: Legal Certainty

A

An action based on diversity will be dismissed if it appears to a legal certainty that the plaintiff’s claim does not exceed $75,000.

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11
Q

Diversity Jurisdiction: Complete Diversity

A
  • Diversity jurisdiction requires complete diversity meaning a dispute that involves citizens of different states.
  • There will be no diversity jurisdiction if any P and any D share citizenship of the same state.
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12
Q

Diversity Jurisdiction: Time of Filing Rule

A

Diversity must be met at the time the suit is filed. However, amended complaints that add or dismiss can affect diversity (citizenship will be reassessed at the time of the amendment).

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13
Q

Types of Diversity Cases

A

Actions between:

  • citizens of different states in the U.S.
  • U.S. citizens and citizens of a foreign country; or
  • a foreign state as P and a U.S. citizen
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14
Q

Diversity Jurisdiction: Class Actions (Minimal Diversity)

A

For class actions, diversity need only be “minimal” a single plaintiff is diverse from a single defendant.

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15
Q

Diversity Jurisdiction: Determining Citizenship of Individuals

A

Citizenship is determined by one’s domicile.

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16
Q

Diversity Jurisdiction: Determining Citizenship of a Rep of an Incapacitated Party

A

Citizenship is that of the incapacitated party not the rep.

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17
Q

Diversity Jurisdiction: Domicile

A

Physical presence in a state + intent to remain in that state indefinitely.

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18
Q

Conditional Intent

A

An intent to remain in the new state cannot be conditioned upon the happening of a future event.

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19
Q

Floating Intent

A

An intent to return to a former home at some indefinite future time will not defeat the establishment of a new domicile if one has actually moved to a new state and intends to remain there indefinitely.

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20
Q

Diversity Jurisdiction: Determining Citizenship of Corporations

A

A corp. is a citizen of its state(s) of incorporation and the state where is has its PPOB

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21
Q

Diversity Jurisdiction: Principal Place of Business (PPOB)

A
  • The corporation’s nerve center; the location where the officers direct, control, and coordinate the corporation’s activities.
  • There can only be one PPOB.
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22
Q

Diversity Jurisdiction: Determining Citizenship of Unincorporated Entities

A

-The citizenship of unincorporated associations such as a partnership, limited partnership, or LLC, is the citizenship of all of the members of the association, except for class actions.

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23
Q

Class Actions Involving Unincorporated Associations

A

The citizenship of an unincorporated association is deemed to be the state under whose laws it is organized and the state where it has its PPOB.

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24
Q

Diversity Jurisdiction: Controversy Requirement

A

A P need only allege that the amount in controversy exceeds $75,000. A court will defer to the Ps allegation of financial injury, unless it appears to a legal certainty that such allegations are incorrect.

-Keep in mind that a P does not have to actually recover over $75,000 in damages, they just need to plead an appropriate amount in good faith.

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25
Q

Diversity Jurisdiction: Controversy (Aggregation)

A

One P can aggregate multiple claims (related or not) against one D. However, a P cannot aggregate claims against multiple Ds.

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26
Q

Exceptions to Diversity Jurisdiction

A

Federal Courts do not have federal SM jurisdiction over

  • probate matters
  • domestic relations cases (e.g. divorce)
  • but federal courts may hear matters of K, tort, or other issues deriving from domestic relations issues
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27
Q

Supplemental Jurisdiction

A

When a federal district court can hear claims over which the court would not ordinarily have jurisdiction if those claims arise out of the same transaction or occurrence as a claim over which the court does have subject-matter jurisdiction (federal Q or diversity)

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28
Q

Supplemental Jurisdiction: Attempts to Circumvent Supplemental Jurisdiction

A
  • If the anchor claim is based on diversity –> look to see if the supplemental claim is brought in by the P against a D joined under 19, 20, and 24, then the P is trying to sneak the claim in and supplemental jurisdiction is not available.
  • If the the D brings an third party complaint against a third-party defendant this will be okay (it is about looking for tricky Ps)
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29
Q

Is Supplemental Jurisdiction Mandatory?

A

No. a federal court is not required to exercise supplemental jurisdiction.

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30
Q

Possible Reasons Supplemental Jurisdiction Might Be Denied

A

Include:

  • Involves novel or complex issue of state law;
  • Claim “substantially dominates” over FQ or Diversity;
  • Anchor claim was dismissed; or
  • Other compelling reasons
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31
Q

Concurrent Jurisdiction

A

A federal court has concurrent jurisdiction over a particular case if the case could also have been brought in state court (resulting in conflict of laws).

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32
Q

Removal from State Court to Federal Court

A

A D has the right to remove a case from state court to federal court if the P could have originally brought the case in federal court. But removal must be based on a complaint (cannot be based on a cross-claim or counter-claim)

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33
Q

Home-State D Rule

A

A D cannot remove to federal court if:

  • SM jurisdiction would be grounded only in diversity jurisdiction; and
  • D is a citizen of the state where P originally filed suit in state court.
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34
Q

Removal: Notice Req.

A

In order to remove a case, a D must file notice in the federal district court in the district in which the action is currently pending. Notice must be:

-filed within 30 days of service of the initial pleading

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35
Q

Removal: “State Court” Req.

A

Actions may be removed from a state court only, not a state admin agency or proceeding.

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36
Q

What if an Amendment Makes a Case Removable?

A

Then the D can still remove, but the notice must be filed within 30 days of service of the amended pleading (service of process)

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37
Q

Time Limit for Removal Based on Diversity?

A

A case removable on the basis of diversity jurisdiction may not be removed more than one year after the commencement of the action.

38
Q

Removal with Multiple Ds (Consent)

A
  • In a case involving multiple Ds, all Ds who have been properly joined and served in the case must consent to or join in removal for removal to be proper.
  • As long as the last served D files a timely notice of removal and the earlier served Ds join in or consent to that removal, the entire case is deemed timely removed.
  • Later service on other Ds does not, however, empower the first-served D to remove of its own accord; the first D may only join in a removal initiated by a later-served D.
39
Q

What is the Venue for a Removed Case?

A

The district court where the state court is located.

40
Q

Motion for Remand

A

Motion by P when they believe removal was improper. Must be made within 30 days of filing the removal notice. The D has the burden of showing that the removal was proper.

41
Q

Exception to the Timing Req. for a Motion for Remand

A

A motion based on lack of SM jurisdiction (remember that this objection can never be waived).

42
Q

What Happens When a Federal Court Discovers it Does Not Have SM Jurisdiction?

A

The court will dismiss an action.

43
Q

Territorial Jurisdiction

A

The authority of a court to bind a party to the action.

44
Q

Ways of Establishing Territorial Jurisdiction

A
  • A federal district court has territorial jurisdiction over the state in which that federal district is located.
  • A federal statute that creates a particular cause of action may provide that federal courts have nationwide jurisdiction.
  • 100 mile bulge rule
45
Q

100 Mile Bulge Rule

A

A federal court may exercise jurisdiction over a D outside the state in which the court is located if the D is joined under Rule 14 and 19 and is served within a U.S. judicial district not more than 100 miles from where the summons was issued.

46
Q

Personal Jurisdiction

A

Include:

  • In Personam Jurisdiction
  • In Rem Jurisdiction
  • Quasi In Rem Jurisdiction
47
Q

In Personam Jurisdiction

A

D has physical presence in or relationship of contacts with the forum state.

48
Q

In Rem Jurisdiction

A

The subject of the lawsuit is land or real property located within the forum state.

49
Q

Quasi In Rem Jurisdiction

A

P seeks to attach real or PP owned by D to be used to satisfy any judgment against the D. The federal court located in the state in which that property is situated has quasi in rem jurisdiction over the property being attached.

50
Q

Personal Jurisdiction: Each D Rule

A

Personal Jurisdiction must be established separately for each D.

51
Q

Long-Arm Statute and Constitutional Considerations

A

For a federal court to exercise personal jurisdiction over a D –> the personal jurisdiction law of the state in which the federal court sits (long-arm statute) and the U.S. Constitution must be satisfied.

52
Q

Long-Arm Statute

A

Place limitations on the states ability to assert personal jurisdiction by setting out the types of contacts that will support jurisdiction.

53
Q

Types of Contacts that Might Satisfy a Long-Arm Statute

A
  • D transacts business within state;
  • D contracts to supply goods and services anywhere within state;
  • D owns, uses, or possesses realty within state
54
Q

Constitutional Req. for Personal Jurisdiction

A

A federal court must determine whether the state law is constitutional under the DP Clause of the Fourteenth Amendment.

55
Q

When a State Long-Arm Statute is Constitutional

A

When it authorizes personal jurisdiction in one of the five following circumstances:

  • residency
  • consent
  • service
  • minimum contacts;
  • substantial business
56
Q

Residency

A

If the D is domiciled in the forum state, personal jurisdiction is constitutional.

57
Q

Residency: Humans

A

Human beings reside in the states where they live.

58
Q

Residency: Corporations

A

A corporation is a resident of the states where it is incorporated and where it has its PPOB.

59
Q

Residency: Other Entities

A

Other entities are residents of the state where they maintain headquarters or their PPOB.

60
Q

Consent

A

If the D consents to the federal court’s personal jurisdiction over him, personal jurisdiction is constitutional.

61
Q

Ways a Party can Consent to PJ

A
  • Contract- If the D signed a K with a choice-of-forum clause
  • Appointment- some states require businesses to appoint agents located in the state to receive process (court split on whether this is consent)
  • Rule 12 motion- a party appears in court without objecting to PJ.
62
Q

Service

A

If a D is physically present in the jurisdiction and is served with process while present, the court’s exercise of personal jurisdiction over the D is constitutional.

-However, presence in state must be voluntary.

63
Q

Exceptions to Service Being Enough to Satisfy the Constitution

A
  • (Coax)- A P cannot have coaxed the D into the state under false pretenses for the purpose of serving him.
  • (Other legal proceedings)- a D cannot be in the forum state to participate in a legal proceeding.
64
Q

Minimum Contacts (3-Part Test)

A

When:

  • D has established a minimum contact with the forum state; and
  • The claim against the D is related to that contact; and
  • The exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.
65
Q

Minimum Contacts: Fair Play Factors

A

Include:

  • Burden on the D
  • Forum state interests
  • Ps interest in obtaining relief
  • Interstate judicial system’s interest in efficient resolution of controversies
  • Shared interest of states in furthering fundamental social policies
66
Q

At Home General Jurisdiction

A

The idea that parties are subject to “at home” general jurisdiction where contacts are so substantial that they are essentially at home. This is a very high bar to clear (unlikely to be granted).

67
Q

Req. for In Rem Jurisdiction

A
  • There must be realty or PP of value
  • The property must be located within the state where the federal district is located
  • The court must seize the item (must have control over asset); and
  • The owner of the property must have received proper notice
68
Q

In Rem Jurisdiction Over Domestic Matters

A

Even if D is no longer domiciled in forum state, he is subject to in rem jurisdiction if:

  • the forum state was either the place of matrimonial domicile
  • the D abandoned the P in the forum state
  • an agreement or settlement for support was entered into in the forum state.
69
Q

Req. for Quasi In Rem Jurisdiction

A
  • There is realty or PP of value located within the state or territorial limits of the federal court
  • The D owns the property
  • The property is being attached or seized; and
  • The D has been provided proper notice of the proceedings
70
Q

Quasi In Rem Jurisdiction

A
  • The court may not exercise quasi in rem jurisdiction unless there are minimum contacts with the forum state or territory.
  • If the dispute concerns the parties’ rights in the property itself, the presence of the property in the state will provide sufficient minimum contacts.
71
Q

Service of Process and Notice: Commencement of an Action

A

Is accomplished by filing a complaint with the court, after which the plaintiff presents a summons to the clerk for signature and seal.

72
Q

Service of Process and Notice: Time Req. for Service

A

Process (the summons and the complaint) must be served within 90 days of the filing of the complaint.

73
Q

Service of Process and Notice: What Must the Summons Include?

A
  • Clerk signature
  • Identification of the court and parties
  • Name and address of either the Ps attorney or the P itself (if unrepresented)
  • Notify the D of the time period within which it must appear or file an answer and the potential for a default judgment if the D fails to appear within the time specified
  • Contain the seal of the court
  • the Summons must also be directed to the D.
74
Q

Service of Process: Summons With the Complaint

A

A summons must be served with a copy of the complaint

75
Q

Ways Process Can Be Served: Natural Persons

A

Include:

  • Personally delivering the process to the D himself
  • Leaving process at Ds usual place of abode with a person of suitable age and discretion who resides there (does not include workplace); or
  • Serving the Ds registered agent
  • Any other manner permitted by the relevant state statute
76
Q

Ways Process Can Be Served: Businesses

A

Include delivering a copy of the summons and the complaint to:

  • an officer
  • a managing agent or general agent
  • any other agent authorized by appointment or by law to receive service of process
77
Q

Who Can Actually Serve Process?

A

Service may be effected by any person at least 18 years of age and not a party to the suit (a party’s attorney can serve process).

78
Q

What Happens When P Fails to Effect Service?

A

A court will dismiss an action for insufficient service of process (even if the D received actual notice of the action by some means other than service of process).

79
Q

Service and DP

A

The D is entitled to notice of the claims against him and an opportunity to respond to those claims.

  • Notice through service –> if served, basically have notice
  • Notice without service –> the key is whether the P took steps that were reasonably calculated to inform the D of the action against them.
80
Q

Is New Service of Process Required For Cross-Claims or Counter Claims?

A

No.

81
Q

Is New Service of Process Required For Impleader

A

Yes. Without process on new party, the court’s power of PJ over the party will not be activated.

82
Q

Venue

A

The region within a particular state (known as a judicial district) where a suit can be brought.

83
Q

Venue is Proper in

A
  • The district in which any D resides, if all of the Ds reside in the same state; or
  • The district where a substantial portion of events occurred; or
  • The district in which any D would be subject to personal jurisdiction, if there is no other district in which the action could be brought.
84
Q

Venue: Residency

A
  • Humans reside where they live.

- All other Ds reside in every district in which they are subject to PJ for that suit.

85
Q

Venue: Location of Events

A
  • The P can lay venue in the district where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated (remember that different substantial events can occur at different locations).
  • If the D reside in multiple states, then proper venue will always be at the location of harm.
86
Q

Venue: Waiver

A

Venue is considered proper where a party either consents to the venue, consents to personal jurisdiction in the venue, or waives his objection by failing to raise it.

87
Q

Transfer of Venue: When Original Venue is Proper

A

If an action was brought in proper venue, a federal court may still transfer the action to any other federal district it could have been brought. However, a federal court cannot transfer venue to a state or foreign court.

88
Q

Bases for Transferring Venue

A
  • Convenience- if the case could have been filed there in the first place and transfer is necessary for the convenience of the parties and/or witnesses.
  • Agreement- if all parties join the request to transfer, the court does not need to consider PJ or venue (if they agree they are consenting)
  • Interest of Justice- if the case was filed in an improper venue, the court can dismiss the case or in the interest of justice, transfer it where it could have been filed originally
89
Q

Forum non Conveniens

A

Doctrine that allows a court to decline to exercise its jurisdiction and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists

90
Q

Forum non Conveniens: When the More Appropriate Forum Is a Foreign Country

A

The court must dismiss the action, and the plaintiff must refile in the appropriate forum (the foreign country)

91
Q

Forum non Conveniens: When the More Appropriate Forum is in a Different Federal Jurisdiction

A

The court can transfer the case to the other federal jurisdiction.

Civil Procedure (9 decks)

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