Jurisdiction and Venue Flashcards
Subject Matter Jurisdiction
Jurisdiction and Venue — Subject Matter Jurisdiction
Types of SMJ:
1. Federal Question
2. Diversity of Citizenship
3. Supplemental Jurisdiction
Burden on party invoking SMJ via preponderance of evidence.
SMJ defense cannot be waived — can be raised by party/court anytime.
Federal Question Jurisdiction
Jurisdiction and Venue — Subject Matter Jurisdiction
- Claim must be based on Federal Law (e.g. constitution, federal statutes, treaties)
- NOT a federal question if raised as a defense.
- Well-Pleaded Complaint Rule: Federal issue must be obvious on the face of the complaint.
Exclusive Federal Jurisdiction: 1) Admiralty, 2) Maritime, 3) Intellectual Property, 4) Bankruptcy, 5) Antitrust, 6) Postal Matters
Diversity of Citizenship
Jurisdiction and Venue — Subject Matter Jurisdiction
Requirements:
1. Complete Diversity of Citizenship
* Every P must be of diverse citizenship from every D (i.e. no diversity if any P is citizen of same state as any D)
* Determined at time on filing (not when claim arose or after filing)
2. Amount in controversy exceeds $75k
* Good faith allegation
* Court must have “legal certainty” — court can dismiss if legal certainty that claim not in excess of 75k
* Diversity not destroyed if judgment less than 75k.
Adding claims:
* P can aggregate claims if one exceeds $75k.
* Single P can add claims against single D to reach $75k.
* If single P meets $75k then other Ps can join (supplemental jurisdiction).
Class Action: One named member must meet $75k.
Exceptions: Fed. courts will not hear actions for divorce, alimony, child custody, or probate even if diversity satisfied.
Citizenship — Domicile
Jurisdiction and Venue — Subject Matter Jurisdiction
Individual:
* Present location and intent to stay.
Foreign Citizens:
* US Citizen + Foreign Citizen = Diversity
* Two Foreign Citizens = NO Diversity
Corporations:
* State of Incorporation AND
* Principal place of business (“nerve center”)
Unincorporated Association:
* EVERY STATE where partners/members reside.
* e.g. partnerships, limited liability company
Supplemental Jurisdiction
Jurisdiction and Venue — Subject Matter Jurisdiction
Definition:
* May add claims without SMJ if they arise from a “common nucleus of facts.”
* ONLY use if claim would not have had SMJ by itself otherwise.
When ALLOWED:
1. compulsory counterclaim
2. joinder in compulsory counterclaim
3. cross-claim
4. impleader of 3rd party D
When NOT ALLOWED:
1. Orig. P vs. 3rd party D
2. compulsory joinder
3. joinder of defendants
4. intervention
Diversity cases:
* New party cannot destroy diversity of citizenship.
* Cannot join a party just to obtain diversity.
If D is trying to add, generally OK. If P, generally NOT OK.
Court has DISCRETION to apply Supplemental Jurisdiction.
Personal Jurisdiction
Jurisdiction and Venue — Personal Jurisdiction
Types:
1. In Personam
— ability to bring individual to court based on contacts with forum state.
— If D in state for other proceeding or because of fraud (forced to be there); no personal jurisdiction.
General Rules:
1) Service or process; 2) Domicile; 3) Consent (express or implied).
- In Rem — court adjudicates rights of parties with respect to property located in forum state (e.g. ownership dispute, quieting of title).
- Quasi In Rem — going after property located in forum state for some other to satisfy judgment (e.g. attach, seize property).
Questions to ask for out-of-state persons:
[1] Is there a long-arm statute?
[2] If yes, are there minimum contacts?
Long-arm Statute & Minimum Contacts
Jurisdiction and Venue — Personal Jurisdiction
Long-arm Statute:
* Gives courts the power to reach out-of-state persons.
Minimum Contacts Standard:
1. Suit does not offend traditional notions of Fair Play & Justice (i.e. is it fair?)
2. D could Reasonably Anticipate litigation.
Minimum Contacts — Corporations:
* Purposeful availment of services of the state.
* Systematic & continuous activities (i.e. trying to do business on a consistent basis)
Grey area: Probably testing on minimum contacts, pick that answer choice.
Service of Process
Jurisdiction and Venue — Service of Process
Where:
1. Only in the state where district court sits OR
2. Anywhere allowed by long-arm statute.
How/Manner:
* Method must give adequate NOTICE (Key!)
Proper Ways to Serve Process: A WASP
1. Abode, w/ person of suitable age (resident)
2. Waiver or Acknowledgment via First Class Mail
3. Authorized Agent
4. State Law Methods
5. Personal Service by non-party over 18
Out-of-State Service:
1) Mail; 2) Newspaper if no other reasonable way; 3) Public Official who can possibly get it to D.
Corporations:
1. Officer or Designated Agent
2. Anyone of sufficiently high placement
100-Mile Bulge Rule: Out-of-state service allowed w/in 100 mile radius ONLY for out-of-staters brought in as additional party (e.g. 3rd party D, indespensable party).
Removal
Jurisdiction and Venue — Removal & Remand
Definition:
* When a State Court case could have originally been brought in Federal Court.
* Not allowed for state agencies.
Who can Remove:
1. Only DEFENDANT may remove (original D)
2. ALL defendants must agree
Timing:
* NOTICE to Remove must be filed w/in 30 days of service of Complaint.
Diversity Cases:
* Case cannot be removed more than 1 year after start.
* D cannot remove to where he is a citizen, has to be where P is citizen.
Multiple Claims:
* If one claim is removable, entire case can be removed.
Remand
Jurisdiction and Venue — Removal & Remand
Definition:
* Plaintiff wants to bring case back to State Court after improper Removal.
* Court may do so sua ponte.
Timing:
* MOTION to Remand filed w/in 30 days of filing Notice of Removal.
* D has burden to show removal was proper.
Appellate courts lack jurisdiction for remand appeals except for certain instances.
Venue
Jurisdiction and Venue — Venue
Definition:
* The proper Federal District Court for the case. (Where?)
Basis for Proper Venue:
1. Residency-based
* District where any D resides, as long as all Ds reside in the same state.
2. Event or Property-based
* Where substantial part of events took place (e.g. where contract was to be performed, or where disputed property is located)
ONLY if 1 & 2 don’t apply (stepwise):
3. Fallback Provision
* Where there is personal jurisdiction over D (i.e. minimum contacts)
Defendant Corporations:
1. Principal Place of Business (PPB)
2. Any district in state of incorporation.
Venue is generally based on where DEFENDANT resides.
Transfer of Venue
Jurisdiction and Venue — Venue
Proper Venue — Forum Non Conveniens
(Proper venue in the first place. Not dismissed but transferred)
1. Court may TRANSFER to another district
2. For the convenience of parties & interest of justice.
3. Law of original venue will apply.
Improper Venue
1. Judge to choose one: DISMISS or TRANSFER in the interest of justice.
2. Transfer to any district where the case could have originally been brought.
Transfer by Consent:
1. Both parties must consent; even if inconvenient.
Dismissal for Improper Venue:
* If more convenient forum is a foreign country.
