Jurisdiction and Venue

Question 1

Well-Pleaded Complaint

Answer 1

Mottley rule–well pleaded complaint
Fed q must be present on face of complaint–not in defense or answer to possible defense

Question 2

Federal Question

Answer 2

Must be:
1) Necessarily raised (i.e. Mottley) AND
2) Actually disputed AND
3) Substantial AND
4) Able to be resolved without disrupting fed-state balance (idea–area where we need uniformity, not predom. state area.)

Question 3

Class Action Fairness Act (CAFA)

Answer 3

1) Class action based on diversity AND
2) Class has 100+ members AND
2) Seeks damages over 10M
THEN
Minimal diversity enough–any P diverse from any D

Also– home state defs can remove even w/out agreement (idea–want to get class actions into fed ct.)

Question 4

Diversity Jx Reqs

Answer 4

1) Complete diversity–no P from same state as any D (exception: class action) AND
2) Amount in controversy over 75K

Diverse claim + nondiverse claim–can maybe use supp jx. to add

Question 5

Amount in Controversy

Answer 5

In diversity (NOT fed q)–must plead over 75K in good faith

Even if only get 1K– good faith + appropriate = valid

Defer to P UNLESS legal certainty amt overblown

CAN aggregate claims v same D (even if unrelated)
CAN’T aggregate claims v diff. Ds

Question 6

Supplemental Jx Steps

Answer 6

1) Relatedness– **arise out of same trans/occurence?–>
2) Anchor claim diversity or fed q?
3) If diversity–> improper joinder by P?
4) State prerogatives?

Not same transaction/occurrence AND no independent jx = can’t hear

Question 7

Supplemental Jx + Fed Q

Answer 7

Fed q anchor q AND arising out of same transaction/occurrence –> supp. jx exists unless court declines due to state prerogatives

Question 8

Supplemental Jx + Joinder

Answer 8

If diversity jx AND plaintiff tries to join claims under
1) R14–impleader OR
2) R19–required joinder OR
3) R29–permissive joinder OR
4) R24–intervention
=
Supp. jx N/A–don’t have
Covers almost all plaintiff cases–only really get if multiple Ps suing single D + one P has diversity)

Question 9

State Prerogatives

Answer 9

Court may decline supp jx if:
1) Claim involves novel/complex issue of state law AND/OR
2) Supp. claim sub. dominates over fed. qs/diversity qs AND/OR
3) Anchor claim dismissed AND/OR
4) Other compelling reason (catchall)

Discretionary–even if all prior steps met, court can still refuse to hear

Supp. claim more $$ ≠ must predom

Question 10

Supp. Jx + Defendants

Answer 10

Much easier to bring supp. jx claim if defendant v if plaintiff–can use impleader, joinder, etc**
IF same trans/occ. and no reason to deny–> prob. get

Question 11

Home State Defendant Rule

Answer 11

D can’t remove if
1) Diversity jx action AND
2) D citizen of state where P filed

Question 12

Personal Jurisdiction Steps

Answer 12

1) What does state law allow? (Ex. long-arm statute?)
2) Is it within 14th A limits?

Question 13

Ways to get Personal Jx under 14th

Answer 13

1) Residency
2) Consent/Waiver
3) Service
4) Minimum Contacts Test
5) At Home Gen. Jx

Remember–state law can narrow (ex. no long-arm statute)

Question 14

International Shoe Formulation

Answer 14

D must have such minimum contacts w/ foreign state that jx over D would not offend trad. notions of fair play + substantial justice

AKA “minimum contacts test”

Question 15

Service

Answer 15

If human D served with process in state = have p. jx
N/A if fraud/false pretenses
N/A if in state for diff. legal proceeding

Question 16

Minimum Contacts Test

Answer 16

1) D has minimum contact w/ foreign state–purposeful availment AND
2) Claim arises from contact AND
3) Won’t offend trad notions of fair play + substantial justice

Question 17

Fair Play + Substantial Justice

Answer 17

1) Burden on def (main factor)
2) Forum state interests (also big)
3) P interest in getting relief (big)
4) Interstate jud. system interest in efficient resolution of controversies
5) Shared interest of states in furthering fund. social policies

Question 18

Purposeful Availment

Answer 18

Generally covers if D
-Did harm in state
-Did business in state (if purposeful–ex. reached out to state to sell)
-Had interest in real prop in state (+ connection)

Question 19

Venue

Answer 19

3 = gapfiller–ONLY if can’t get venue at residency/where events gave rise

1) Residency of any D IF all Ds in same state OR
2)Sub. part of events giving rise occurred
OR (if prior 2 N/A)
3) Place where at least 1 def. is subject to PJ (gapfiller)

Can have more than 1 prop. venue

Question 20

Reasons for Venue Transfer

Answer 20

1) Convenience
2) Agreement by All Parties
3) Interest of Justice
4) Forum Non Conveniens (technically = dismissal w/out prejud.)

Question 21

Federal Common Law

Answer 21

Applies if
1) Maritime/admiralty law
2) Foreign relations
3) Commercial rts and liabilities of fed gov
4) Prop. rts and liabilities of fed gov

Question 22

Kaplan Erie Analysis

Answer 22

1) FRCP or fed law on point?
2) If no–risk of unfairness or vertical forum shopping?

No valid FRCP or fed law–stick to ord. fed practice UNLESS would cause preference for one court system OR fund. unfairness

Question 23

Statute of Limitations + Diversity

Answer 23

If diversity–state law applies

Question 24

Choice of Law

Answer 24

Fed. courts sitting in diversity apply the choice of law rules of home state (state where ct located)