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Civ Pro Bar Prep > Jurisdiction and Venue > Flashcards

Jurisdiction and Venue Flashcards

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1
Q

What is subject matter jurisdiction?

A
  • Jurisdiction over the type of dispute / cause of action.
  • ct. is trying to get juris over the case
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2
Q

How many ways are there to get subject matter jurisdiction?

A

There are 2:
1) Diversity of Citizenship, or
2) Federal Question

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3
Q

What are the requirements for diversity?

A
  1. Amount in controversy must be in excess of 75K
  2. complete diversity of citizenship
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4
Q

What happens if AIC is not met?

A

If the court finds a legal certainty that the amount is not met then the case is dismissed for lack of jurisdiction (P is expecting weird dmgs or is reaching for dmgs

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5
Q

Can a P add some claims to get to the AIC?

A

Yes, there are rules for when its 1P and for multiple Ps

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6
Q

When can 1 P add a claim to meet AIC?

A
  1. Plaintiff can ADD claims if one exceeds $75K
  2. Single Plaintiff can ADD claims against Single Defendant to reach $75K
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7
Q

When can multiple Ps add a claim?

A

They can add via supplemental jurisdiction

  • If a Single Plaintiff meets $75K then other plaintiffs can join
  • Cannot join if no single claim exceeds $75K
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8
Q

What is the rule for AIC in Class Action cases?

A

As long as 1 named member meets AIC = have juris

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9
Q

What does complete diversity of citizenship mean?

A

Each P is a different citizen from each D

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10
Q

What is citizenship?

A

Is Domicile - look at the person’s present location and their intent to remain/stay

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11
Q

What are the rules for diversity when there are citizens of a foreign country involved?

A
  1. 1 US party vs 1 international party = YES diversity
  2. Foreign vs foreign = NO
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12
Q

Where is a corporation a citizen?

A
  • Where they are incorporated

AND

  • Where they have their principal place of operation/business
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13
Q

can a person join a party just to obtain diversity?

A

NO, a person cannot join a party just to obtain diversity

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14
Q

What are the requirements for the Federal Question jurisdiction?

A
  1. The P’s claim MUST be based on federal law/based on a federal issue

AND

  1. The P must plead the federal issue in their complaint < well-pleaded complaint rule
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15
Q

What are some immediate federal issues?

A
  • Admiralty
  • Intellectual property
  • Maritime
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16
Q

What is supplemental jurisdiction?

A
  • Ct Adds a case or a party that by itself would not have met SMJ
  • Ct will add it to an existing claim already
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17
Q

What is the definition of supplemental jurisdiction?

A

May add claims without subject-matter jurisdiction if they arise from a “common nucleus of facts”

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18
Q

What is the rule for supplemental juris when it comes to Fed. Q?

A

supp. juris = OK When: the new case derives from the same common nucleus of facts (ie: the same conduct/transaction/incident) as the case that DOES have SMJ

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19
Q

What is the rule for supplemental juris when it comes to diversity?

A
  • New case derives from the Same common nucleus of facts

AND

  • The new case being added cannot destroy the existing diversity of citizenship
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20
Q

What are some cases that are generally allowed under supp. juris?

A

1) Compulsory Counterclaim
2) Joinder in Compulsory Counterclaim
3) Cross-claim
4) Impleader of 3rd Party Defendants

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21
Q

What are some cases generally NOT allowed under supp. juris?

A

1) Original Plaintiff vs. 3rd Party Defendant
2) Compulsory Joinder
3) Joinder of Defendants
4) Intervention

22
Q

What are the general rules for when a D is trying to add a claim or a party vs when a P is?

A

If D is the one trying to add a claim or party = generally SJ OK

If P is trying to add claim or party = generally SJ NOT OK

23
Q

Does the court ever HAVE to apply supp juris?

A

supp juris is always at the court’s discretion, it is never a MUST

24
Q

Does the court need both personal juris and subject matter juris?

A

Yes, quia the court needs juris to hear the case, AND juris over the parties

25
Q

What is personal jurisdiction?

A

also called ‘In Personem’, and it is the ability to bring the individual into court

26
Q

What are the general methods that will grant personal jurisdiction?

A

1) if party is Present in the state/ Personally Served,
2) Domiciled in the state, or
3) Consents to the juris

27
Q

What are some exceptions to personal juris when a party is personally served?

A

a court will have personal juris over a person personally served or physically present in the forum state UNLESS:
Physical presence is due to:
- Fraud
- Duress, or
- Presence for another case

28
Q

What are the 2 things to look for if a party is out of state?

A

1st: look for a long arm stt
or
2nd: look for/are there? sufficient minimum contacts

29
Q

What is a long arm stt?

A

Gives state courts the power to reach out-of-state persons

30
Q

What are the requirements for sufficient minimum contacts?

A

1) Suit does not offend traditional notions of Fair Play & Justice,
AND
2) Defendant could Reasonably Anticipate litigation

31
Q

What are some sufficient minimum contacts for individuals?

A
  1. family
  2. relationships
  3. frequently travel there for business
  4. specifically advertising or working there
  5. availing themselves of the services that the state has to offer (police, firefighters, public services, etc)
32
Q

What are some sufficient minimum contacts for corporations?

A

The maintenance of the suit would not offend traditional notions of fair play and justice such that a corp D could reasonably anticipate litigation in that state

Buzzwordy:
- Corp purposefully availed itself of the services of the state
-Corps’ activities are Systematic and Consistent in the state

33
Q

What is In Rem Juris

A

Trying to get juris over a thing (like prop)

34
Q

What is quasi in rem juris?

A

Going after prop in order to satisfy a judgement against an individual

(ie: couldn’t get any other juris against the person but trying to seize prop of him in order to satisfy the judgement)

35
Q

where is service of process allowed?

A
  1. Within the limits of the st where the dist. Ct is sitting

OR

  1. Anywhere the long arm stt will allow
36
Q

what is the 100-mile bulge rule?

A

1) Out-of-state service allowed within 100 mile radius
2) Only for out-of-state 3rd party defendants/indispensable parties

37
Q

What does service of process require?

A
  • Method must give adequate NOTICE

(ie: reasonably likely to inform you that you are being served)

38
Q

What are some proper ways to serve process in state?

A

1) Personal Service by non-party over 18
2) At Home with person of suitable age
3) First Class Mail (IF: first class AND D returns either and acknowledgement or waiver form)
4) Authorized Agent
5) State Law Methods

39
Q

Service of Process - don’t get stung by A WASP

A
  • Abode
  • Waiver
  • Authorized Agent
  • State Method
  • Personal Service
40
Q

What are proper ways to serve process out of state?

A

-Mail
-Newspaper (if there is no other reasonable way - facts will tell us)

41
Q

proper way to serve process on corporations?

A

1) Officer,
2) Designated Agent, or
3) Anyone of sufficiently high placement

42
Q

What is the definition of Removal?

A

When a State Court case could have ORIGINALLY been brought in Federal Court

43
Q

When is removal ok?

A

Case could have been in fed ct (ie: jurisdictionally meets all the requirements)

44
Q

When is removal not ok?

A

Removal is not ok if case is in:
- State proceeding, or
- State agency

45
Q

Who can remove cases?

A

only a D can file for removal

46
Q

When must a D file for removal?

A
  • must Filed within 30 DAYS of service of Complaint
47
Q

What are the rules for Diversity cases and Removal?

A

1 year rule for removal in diversity cases:
- Removal based on diversity cannot happen if it has been more than 1 year after the start of the lawsuit

  • No removal allowed if the D is a citizen of the state being removed to
  • Cannot remove to a state where D is a citizen
  • Must remove to P’s state
48
Q

What is the rule for Removal in a case with multiple claims?

A

If one claim can be Removed then the whole case can be Removed

49
Q

Definition of Remand

A

Plaintiff wants to bring case back to State Court after D’s improper Removal

50
Q

What is the timing requirement for filing a remand?

A

Within 30 DAYS of filing of Notice of Removal

Defendant has burden to show Removal was proper

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