Jurisdiction and Venue Flashcards
Subject Matter Jurisdiction
Jurisdiction over the case; unwaivable
Diversity, Federal Question, and Supplemental Jurisdiction
Diversity Jurisdiction
(1) complete diversity of citizenship: every P is diverse from every D
* citizenship = domicile = present location and intent to stay
* US v. foreign citizen = diverse; two foreign not diverse
* corporation domicile = state of incorporation or principal place of business (PPB)
(2) Damages in excess of 75k
* Court must dismiss if legally certain 75k unobtainable
* Multiple Ps: only one needs to meet threshold
* Class action: one named member needs to meet threshold
Federal Question Jurisdiction
Plaintiff’s claim must raise a federal issue
* Well pleaded complaint rule: issue stated on face of complaint
* Cannot be based on a defense
* Federal issues: admiralty, maritime, intellectual property
* Not fed issues: divorce, alimony, child custody, probate
Supplemental Jurisdiction
Court adds a party to an existing claim that does not meet SMJ on its own; court discretion
* Derive from a common nucleus of facts = same conduct or transaction
* Cannot destroy existing diversity if original is diversity case
Personal Jurisdiction
Authority over parties or property. 4 types
* Presence and service in the forum state
* Where domiciled
* Consent
* Long-arm statute that allows states to reach out of state parties
Long Arm Statute
Minimum contacts such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice
* Purposeful availment; AND
* Foreseeability: D reasonably anticipates being brought suit in the state
* Fair play and substantial justice = Relatedness, Convenience, State’s Interest
For corporations
* Purposeful availment: are they availing themselves of the services or benefits of the state; OR
* Systematic and continuous activity with the state
Service of Process
Where: in limits of the state where the district court sits; or anywhere else allowed by state law (long arm)
How:
* adequate notice within 90 days of filing
* personal service by a nonparty nonminor
* substitute service of process: leave complaint with someone at the residence of suitable age, first class mail if D returns a waiver form, serve an authorized agent, or state authorized methods
* Corporations: any officer or designated agent; anyone sufficiently high rank
Must waive service if requested absent a showing of good cause or you incur the expenses
Removal
Remove the case from state to fed court; only D may remove
* allowed if the case could have originally been filed in federal court
* if multiple Ds: must be unanimous
* provide notice within 30 days of receipt of service
* if diversity case: remove within 1 year of suit beginning and cannot remove to a state where they are a citizen
* can remove the whole case if one claim is removable
* civil actions in state court regarding workers’ comp cannot be removed
Remand
From fed back to state court; only P may remand
* If improperly removed
* Bring motion within 30 days of removal notice filing
Venue
The Proper district court for the case
* Any district where a D resides if all are from the same state
* Any district where a substantial part of events took place
* Wherever PJ is proper IF FIRST TWO DON’T APPLY
* Corporations: PPB or any district in state of incorporation
Transfer
Proper Venue: court MAY transfer for convenience of parties and interests of justice; law of original venue controls
Improper Venue:
* Dismiss; or
* Transfer if in interests of justice to any district where case might originally have been brought; or
* Anywhere the parties consent to
