Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Civ Pro > Jurisdiction and Venue > Flashcards

Jurisdiction and Venue Flashcards

1
Q

Corporation Citizenship for diversity

A

PPB and INcorporation

-if the entity is an unincorporated association, every member of the org counts as a domiciled party for diversity purposes

TIP: corporate citizenship for diversity DIFFERS from citizenship for venue –> which exists in ANY district where the corp may be subject to personal jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Alien citizenship for diversity

A

an “alien” aka a person who is NOT a citizen but with permanent resident is called a “resident alien” and is considered a citizen fo the state of their permanent residence

TIP: an American citizen living outside US may NEVER sue or be sued based on diversity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is required to establish SMJ based on federal question?

A

claim must “arise under” fed law, meaning an issue involving the construction of the US constitution, fed laws, or treaties

TIP: a state law claim that requires the court to resolve a federal question may also establish federal Q jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

In a sentence, define “supplemental jurisdiction”?

A

Supplemental jursdicition allows a federal court to hear a claim that would fall outside of its original jurisdiction (diversity or fed Q), if the supplemental claim arises out of the same common nucleus of operative fact as the claim with original jurisdiction

TIP: a federal court may hear a state claim it would not otherwise have jurisdiction to hear under supp judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

HYPO:

May a federal court sitting in diversity exercise supplemental jurisdiction over non-federal claims against non-diverse parties?

A

NO.

If a federal court’s SMJ is based ONLY on diversity, a plaintiff may NOT use supplemental jurisdiction to bring non-federal claims against non-diverse parties

TIP: defendants MAY use supplemental jurisdiction to bring additional claims against non-diverse parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When may a defendant remove a case from state to federal court?

A

a case may be “removed” on the defendant’s request from a state court to the federal district court IF the case could have been originally brought in federal court

TIP: ONLY a defendant (NOT PLAINTIFF) may remove a case, and all defendants must agree to removal
-if the defendant makes a permissive counterclaim in state court, there is no longer right to removal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the timing requirements for removing a case to federal court?

A

a ∆ must file a notice of removal W/IN 30 DAYS after they receive the initial summons or pleadings that set forth the claim they seek to remove

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the proper avenue for a plaintiff to reverse a removal to federal court?

A

a plaintiff may file a motion to have the case remanded (sent back) to the state court

TIP: the court MUST remand if there is no federal subject-matter jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When may a ∆ NOT remove a case to federal court based only on diversity of citizenship?

A

If the only basis for removal is diversity of citizenship AND any defendant is a citizen of the state in which the plaintiff filed the suit, the case may not be removed

TIP: a case may NOT be removed on the basis of diversity of citizenship jurisdiction more than one year after it was commenced in state court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the difference between SMJ and Venue?

A

SMJ: the power of a court to hear a COA because of the issues it presents

Venue: the particular district or geographical area where a court with jurisdiction may hear a COA

TIP: jurisdiction is the court’s power to hear an action, while venue is the proper location to bring the action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Where is venue proper for a civil action in federal court where all defendants are residents of the same state?

A

Venue is proper in “a judicial district in which ANY defendant resides, IF all defendants are residents of the state in which the district is located”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the 3 scenarios in which venue is proper?

A

Venue is proper:

  1. in any district where ANY defendant resides, if all defendants reside in same state;
  2. in any district where “a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated” OR
  3. if neither of the above applies, in ANY district where ANY defendant may be subject to personal jurisdiction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which 3 remedies are available when venue is improper?

A

When venue is IMPROPER:

  1. parties may agree to waive improper venue
  2. court may transfer case to any district where it could have been brought
  3. the court may dismiss the case altogether

TIP: improper venue is considered waived unless a timely objection is made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

May plaintiffs remove a case from state to federal court?

A

NO. only a DEFENDANT may remove an action that could have originally been brought by plaintiff in fed court

TIP: if there are multiple defendants, all must consent to petition for removal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

May a federal court hear a case currently pending in state court?

A

YES.

A federal court may hear a case that is currently pending in state court UNLESS the doctrine of abstention applies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the “abstention” doctrine?

A

“Abstention” is when a federal court chooses not to hear a case, even if all the formal requirements are met

The federal court relinquishes its jurisdiction to state court, often used to avoid conflict between federal and state laws

TIP: A federal court will retain jurisdiction over a challenge to the constitutionality of a state law but abstain from deciding until the state court decides the meaning of the state law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When is removal of a diversity case improper?

A

In diversity cases, a case may NOT be removed to federal court IF:

-any defendant is a citizen of the state where the action was filed; OR

-more than one year has passed since the action was filed in state court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which 2 sources of law limit a court’s power to exercise PJ?

A

The power to exercise PJ is limited by:

  1. state-specific statutes (long-arm statutes) AND
  2. the Due Process Clause of the 14th Amendment

TIP: An exercise of PJ may not exceed the limitations of either source

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the 2 constitutional requirements for establishing personal jurisdiction?

A

For a court to have the power to exercise jurisdiction over a particular defendant, the defendant must have:

  1. “minimum contacts” or a level of personal contact with that jurisdiction AND
  2. appropriate notice of the action and an opportunity to be heard

TIP: Minimum contacts may be shown by purposeful availment, domicile, and property ownership in some circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What source of law do states use to exercise PJ?

A

-state statutes governing the scope of PJ (long-arm statutes) which act as enabling legislation

-states have the power to enact statutes that govern the reach of PJ, but they must stay w/in constitutional limitations

TIP: if no state statute grants the court the power over the parties before the court, then the court lacks PJ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are the 3 types of personal jurisdiction?

A
  1. in personam
  2. in rem
  3. quasi in rem
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is “personal jurisdiction”?

A

the judicial power to adjudicate a COA and enforce a judgment against specific parties or property involved in the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is “in rem” jurisdiction?

A

When a court has the power to adjudicate a person’s rights with respect to a particular piece of property

TIP: this jurisdiction is limited to situations where the property is located w/in the physical borders of the state, and it is necessary for the state to be able to bind all persons regarding the property’s ownership and use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is “quasi in rem” jurisdiction?

A

A way of establishing PJ based on the seizure of the ∆’s property (“attachment”) or a debt owed to them (“garnishment”) in the forum

The attachment of real or personal property must be part of the relief requested by the court

TIP: this differs from “in rem” jurisdiction in that “quasi” uses the property as a pretext for establishing PJ, whereas basic “in rem” gives court the ability to exercise jurisdiction over the property itself and resolve claims around it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are 3 traditional ways to establish PJ over ∆?

A

A ∆ will be subject to personal jurisdiction in a state IF the ∆:

  1. is physically present in the state when served w/ process;
  2. is domiciled in the state; OR
  3. consents to jurisdiction there
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

When will mere physical presence establish in personal jurisdiction?

A

Most states grant in personam jurisdiction over a ∆ if they are served w/ process w/in borders of the state, no matter how long they are physically present

TIP: if the presence of ∆ was a result of coercion or fraud by π then most states WILL NOT exercise PJ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When will mere physical presence in a state NOT establish personal jurisdiction?

A

A ∆’s physical presence in a state will NOT establish personal jurisdiction when:

  1. the ∆ is present only to take part in a judicial proceeding; OR
  2. the π induced the ∆ to enter state by fraud or force
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

When will domicile establish in personam jurisdiction?

A

a person will be subject to in personam jurisdiction if they are domiciled in the forum state, meaning they are physically present w/ the intention of making it their perm home

TIP: domicile is also relevant for purposes of establishing div citizenship in SMJ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are 3 ways a ∆ may consent to in personam j?

A

A defendant may consent to in personam jurisdiction by:

  1. voluntary appearance w/out consenting to PJ
  2. express consent to jurisdiction (e.g. through a K) OR
  3. implied consent show through the ∆’s in-state activities
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are 2 types of long-arm statutes?

A
  1. Limited (or “Specific”): a majority of states limit the reach of their long-arm statutes to specific situations (e.g., when the parties have contracted to do business or were involved in tortious acts in the state)
  2. “Unlimited”: a small group of states, including CA, extend long-arm statutes to anyone or anything to the full extent of the constitutional limits
31
Q

What level of contact w/ the forum state is needed to satisfy the constitutional limits on PJ?

A

a ∆ must have “minimum contacts” w/ the forum - meaning a certain degree of personal contacts w/in the state

TIP: minimum contacts must be established to not “offend traditional notions of fair play and substantial justice”

32
Q

What is purposeful availment when establishing minimum contacts?

A

A ∆ “purposely avails” themself if they voluntarily engage in activity that establishes a relationship with the forum, often in a beneficial way (i.e., they seek the protection of the forum state’s laws, so they should be subject to them)

33
Q

Does a business’s advertisement w/in a state or shipment of products to the state constitute personal availment?

A

YES.

A business’s advertisement w/in a state or shipment of products to a state does

34
Q

HYPO:

If a ∆’s in-state activity establishes minimum contacts, will this give rise to in personam jurisdiction over any claim against them?

A

YES.

If the ∆’s in-state activity was systematic and continuous, rendering the ∆ “essential at home” in the forum, the court will have in personam jurisdiction for ANY COA against the defendant (general jurisdiction)

TIP: if the ∆’s in-state activity was limited to only isolated acts, in personam jurisdiction is proper only for COA’s arising for that in-state activity (specific jurisdiction)

35
Q

What is required to satisfy the constitutional notice requirement of PJ?

A

Due Process requires that reasonable method be used to notify

TIP: notice must be reasonably calculated to apprise interested parties of litigation

36
Q

What is required for a person to be eligible to serve process?

A

-18 AND

-not a party to action

37
Q

Which 2 sources of law govern proper methods for service of process?

A
  1. the FRCP AND
  2. the US constitution (service must be reasonable calculated to apprise the interest parties of the litigation)
38
Q

What are the 5 proper methods of service?

A

REMEMBER: don’t get stung by A WASP

A - abode: at the ∆’s home

W - waiver: a π may ask the ∆ to waive formal service

A - agent of the ∆ may be served

S - state specific methods

P - personal delivery

39
Q

How are citizenship and AIC determined for a CLASS ACTION based on diversity?

A

For class actions, diversity exists over the class if:

  1. at least one NAMED class member is of diverse citizenship from any defendant (“minimal diversity”) AND
  2. any NAMED class member has a claim exceeding $75k

TIP: if any other class members’ claims do not exceed 75k, their claims come in under supplemental jurisdiction

40
Q

When may π’s NOT aggregate their claims to reach the AIC for div jurisdiction?

A

If multiple plaintiffs attempt to aggregate their separate but related claims against a single ∆, but no SINGLE plaintiff meets 75 on their own, they may NOT aggregate or “pool” their claims in order to reach the 75k amount

41
Q

What are the 3 requirements to establish supplemental jurisdiction?

A

A federal court must find:

  1. a sufficiently substantial federal claim
  2. a common nucleus of operative facts underlying all claims AND
  3. that all claims would normally be adjudicated in a single judicial proceeding
42
Q

Which factors will a court examine when deciding whether a ∆ has “minimum contacts” w/ the forum?

A

The court will examine:

  1. purposeful availment
    -aka, whether the ∆ purposely availed themself to the benefits and protections of the forum state AND
  2. foreseeability
    -aka, whether the ∆ should have reasonably foreseen they might be sued, such that it would be fair to be called into court in that forum
43
Q

Citizenship determination for MINORS, DECEDENTS, OR INCOMPETENT for purposes of diversity

A

by their own citizenship, NOT by the citizenship of their representative

44
Q

When may a π aggregate claims against multiple ∆’s to meet the AIC requirement?

A

ONLY IF the defendants are jointly liable to plaintiff can she aggregate

NOTE: a π may aggregate her claims against a SINGLE ∆ to meet AIC

45
Q

May a court hear a claim through supp jur that doesn’t meet AIC requirement

A

YES.

TIP: however, supplemental jurisdiction CANNOT be used to override the complete diversity requirement

46
Q

HYPO:

If a π’s well-pleaded complaint mentions a federal statute as an affirmative defense, does this give rise to a federal question jurisdiction?

A

NO.

The assertion of a defense based on federal law does NOT give rise to federal Q since it is not essential or integral to resolving the claim.

47
Q

What is required for multiple ∆’s to properly remove a case?

A

must ALL consent or join in

48
Q

HYPO:

In a diversity case, may a ∆ move a case to federal court if they are a citizen of the forum state?

A

NO

When SMJ is based solely on diversity, the ∆ may not remove a case if they are a citizen of the forum state

49
Q

Where is PPB?

A

the corporate headquarters or nerve center where the directors and officers are found

50
Q

Even where there is diversity of citizenship and the AIC is met, the federal court can decline jurisdiction under a “domestic relations” exception.

What type of matters are included under this exception?

A

Issues that involve divorce, alimony, to a child custody decree

TIP: domestic relations issues are reserved for the states

51
Q

What are the notice requirements for removing a case to federal court?

A

the ∆ must file notice to remove in STATE AND FEDERAL DISTRICT COURT in the district in which the action is currently pending

TIP: adverse parties must also receive notice

52
Q

When is remanding a case appropriate?

A

after a ∆ attempts to remove a case to fed court and the removal is improper, the fed court may remand case back to state court

53
Q

What are the timing requirements for when a π should move to remand?

A

must move to remand the case w/in 30 days of removal

HOWEVER - a π can remand the case at any time for lack of SMJ

54
Q

When does general personal jurisdiction exist?

A

the defendant must essentially be “at home” in forum state

essentially “at home” includes the domicile of an individual ∆ and the states of inc. and PPB of a corp

55
Q

What is a primary difference between a finding of general personal jurisdiction v. specific jurisdiction?

A

General PJ in a state that allows PJ over a ∆ for all claims that do not arise from the ∆’s contacts in the state

Specific jurisdiction claims MUST be related to the ∆’s in-state contacts

56
Q

As it relates to PJ, what does a long-arm statute allow?

A

To assess whether a state court has PH over a non-resident ∆, the state must have a long-arm statute that extends pJ as far as US const. permits

extending PJ must NOT violate DPC

TIP: after seeing a long-arm statute, consider whether general and/or specific jurisdiction exists

57
Q

What is “specific personal jurisdiction”?

A

arises when an individual or entity has sufficient minimum contacts w/ the forum such that asserting jurisdiction does not offend the traditional notions of fair play and substantial justice

58
Q

What are some actions that trigger minimum contacts w/ a forum?

A
  1. advertising, soliciting, or doing biz in state
  2. having a distributor/salesperson in state
  3. driving and having accident in state
59
Q

What is “relatedness” in a minimum contacts analysis?

A

“relatedness” means that the ∆’s contacts w/ the state are related to the present action

60
Q

When does general PJ exist for a corp?

A

Arises where a ∆ corp is doing business so that they are essentially “at home” in the state, either:

  1. the state where it is incorporated; OR
  2. where it has its PPB
61
Q

What does due process require regarding notice w/ service of process?

A

the ∆ must be properly notified of a lawsuit by a reasonable method of service and given opportunity to be heard

62
Q

Service of process

A

summons and copy of complaint

63
Q

How long does π have to serve process on ∆?

A

MUST BE MADE w/IN 90 DAYS OF FILING THE CASE

64
Q

What delivery methods are permitted for service of process?

A
  1. personal
  2. substitute
  3. mail, if ∆ agrees to waive service of process
65
Q

What is “substitute service of process”?

A

Accomplished when service is:

  1. left at ∆’s abode and served upon someone of suitable age and discretion who resides there;
  2. served to the ∆’s authorized agent; OR
  3. served by other methods permitted by law
66
Q

When may a case be transferred from one federal district to another?

A

Venue may ONLY be transferred from one fed court to another where the cause could have been originally filed

TIP: to determine if transfer is proper, courts will consider whether doing so is in the interests of justice

67
Q

Who may transfer venue?

A

any party to the case may move to transfer for venue

68
Q

What factors will the court consider in evaluating a transfer “in the interests of justice?”

A

Court’s transfer is discretionary and is based on:

-public factors (what law applies, which community should be burdened with jury service) AND

-private facts (convenience, location of witnesses and evidence)

69
Q

May a court transfer a case if venue in the OG district is proper?

A

Yes - in interest of justice (example convenience of parties)

70
Q

What is “forum non conveniens”?

A

allows a court to decline jurisdiction and dismiss an action if the court where the action was brought was seriously inconvenient and an adequate alternative exists

71
Q

For purposes of venue, where does a corporate ∆ reside?

A

deemed to reside in ANY state where they are subject to PJ

72
Q

For purposes of venue, where does an individual reside?

A

domicile

73
Q

How is the AIC determined for purposes of div?

A

good faith allegation in complaint that damages exceed 75k (EXCLUDING COSTS AND POTENTIAL COUNTERCLAIMS)

TIP: the π does NOT need to actually recover 75k

74
Q

When may claims be aggregated to reach AIC for diversity J?

A

MAY be aggregated by:

-a SINGLE π against a SINGLE ∆, even if claims arise out of diff transactions OR

-MULTIPLE π’s against a SINGLE ∆ IF their claims are seeking to enforce a single title or right, in which they have a common undivided interest

TIP: a single π against multiple ∆’s may aggregate claims ONLY if ∆’s are jointly liable

Civ Pro (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions