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Grossman: Civil Procedure > Jurisdiction and Venue > Flashcards

Jurisdiction and Venue Flashcards

1
Q

Obtain Subject Matter Jurisdiction THROUGH

A

Either
1) Diversity of Citizenship (2 elements); OR
2) Federal Question

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2
Q

Amounts in Controversy

A
  • Must be in EXCESS of 75K
  • Plaintiff’s good faith assertion is sufficient.
  • Courts must have “legal certainty”
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3
Q

Can plaintiff add claims?

A
  • Plaintiff can ADD claims if one exceeds $75K
  • Single Plaintiff can ADD claims against Single defendant to reach $75K
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4
Q

If there are multiple plaintiffs, what is the amount in controversy rule?

A
  • If single plaintiff meets $75K, then other plaintiffs can join
  • If no one has a claim that exceeds $75K, cannot join
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5
Q

If there is a class action suit, what is the amount in controversy rule?

A
  • only one member needs to meet $75K
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6
Q

Diversity Jurisdiction

A

1) case exceeds $75K AND
2) Complete diversity of citizenship

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7
Q

What is Diversity of Citizenship?

A

No plaintiff may be a citizen of the same state as any defendant

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8
Q

Citizenship means…

A

Where you are domiciled:
present location AND intent to stay

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9
Q

Foreign Citizens

A

US Citizen + Foreign Citizen = Diversity
Two Foreign Citizens = NO Diversity

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10
Q

Corporations domicile…

A

State of incorporation AND principal place of business (can have 2)

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11
Q

Joining Parties

A

Cannot improperly join a party just to obtain Diversity

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12
Q

Federal Question

A

1) Plaintiff’s claim must be based on federal law
2) Well-Pleaded Complaint Rule: Federal Issue must be OBVIOUS

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13
Q

Is Federal Issue as a defense a federal question?

A

NO

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14
Q

Federal Question Cases

A
  • Admiralty
  • Maritime
  • Intellectual Property (copyright, trademark, patent)
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15
Q

Supplemental Jurisdiction

A

Court will add a case e, which by itself, would not have met subject matter jurisdiction if they arise from a “common nucleus of facts” in an existing case

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16
Q

In Supplemental Jurisdiction: Diversity cases:

A

New party cannot destroy diversity of citizenship

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17
Q

Supplemental Jurisdiction generally ALLOWED

A

1) compulsory counterclaim
2) joinder in compulsory counterclaim
3) cross-claim
4) impleader of 3rd party defendants

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18
Q

Supplemental Jurisdiction generally NOT ALLOWED

A

1) original plaintiff vs. 3rd party defendant
2) compulsory joinder
3) joinder of defendants
4) intervention

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19
Q

Generally, if [_____] is trying to add new party, is OK. If [_____] is trying to add new party, not OK.

A

Defendant; Plaintiff

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20
Q

Is Court REQUIRED to apply supplemental jurisdiction?

A

No. They have DISCRETION

21
Q

Personal Jurisdiction

A

Ability to bring the individual into court
Can you get Jon into court

22
Q

General Rules of Personal Jurisdiction

A

1) Present* in the state and get served
2) Domiciled
3) Consent (to be sued there)

*If you are in the state for different proceeding or because of fraud, the court will not get PJ

23
Q

Long-Arm Statute

A

Give courts the power to reach out-of-state persons
- is there minimum contact?

24
Q

Minimum Contacts Standard

A

1) maintenance of suit does not offend traditional notions of Fair Play & Justice
2) Defendant could Reasonably Anticipate litigation

25
Q

Minimum Contacts for Corporations

A
  • Purposeful Availment
  • Systematic & Continuous Activities
26
Q

In Rem Jurisdiction

A

Jurisdiction over an object/property

27
Q

Quasi In Rem Jurisdiction

A

Going after property to satisfy a judgment against in individual

28
Q

Service of Process

A

Only allowed in the state where the district court sits OR
anywhere allowed by State Law (Long-Arm Statute)

29
Q

100 Mile Bulge Rule

A
  • Out-of-state service allowed within 100 mile radius
  • Only for out-of-state 3rd party defendants/indispensable parties
30
Q

Service of Process & Notice

A

Method must give adequate NOTICE

31
Q

Proper ways to serve Process:

A

1) Personal Service by non-party over 18
2) At home with person of suitable age
3) First Class Mail
4) Authorized agent
5) State law methods

32
Q

What is A WASP

A

Abode
Waiver
Agent
State method
Personal service

33
Q

Out of State Service of Process

A

1) Mail
2) Newspaper IF NO other reasonable way

34
Q

Corporations Service of Process

A

1) Serve to any Officer or Designated Agent
2) Anyone of sufficiently high placement

35
Q

Removal Definition

A

When a state court case could have originally been brought in federal court

36
Q

Who Can Remove?

A
  • Only DEFENDANT may remove
  • ALL defendants must agree

*no state agencies

37
Q

Removal: Timing

A

File within 30 DAYS of service of Complaint

38
Q

Diversity Cases (not Fed Q) Removal:

A

1) Cases cannot be removed more than 1 year AFTER the beginning of the suit
2) Defendant cannot remove if he is a citizen of the forum state (so needs to be plaintiff’s citizenship)

39
Q

Multiple Claims Removal

A

If one claim is removable, then the entire case can be removed

40
Q

Remand Definition

A

Plaintiff wants to bring case back to State Court after IMPROPER Removal

41
Q

Remand Timing

A
  • Within 30 days of filing Notice of Removal
  • Defendant has the burden to show that Removal was PROPER
42
Q

Venue Definition

A

The proper Federal District Court for the case

43
Q

Where are the 3 proper venue?

A

1) District where any defendant resides, if all defendants reside in same state
2) where substantial part of events took place
IF 1 or 2 don’t apply:
3) Where there is Personal Jurisdiction over defendant (where Defendant is reachable)

44
Q

Venue for Defendant Corporations

A

1) any district in principal place of business
2) any district in the state of incorporation

45
Q

1) Transfer of Venue in Proper Venue:

A

1) Court MAY TRANSFER to another district
2) For the convenience of parties & interest of justice
3) Law of original venue will apply

46
Q

2) Transfer of Venue in Improper Value:

A

1) Court must DISMISS OR, if its in the interest of justice, TRANSFER it
2) Transfer to any district where the case could have originally been brought

47
Q

3) Even if not totally convenient, Transfer by Consent

A

Both parties must consent

48
Q

Dismissal when…

A

If the more convenient forum is a foreign country, then the case will be dismissed.

Grossman: Civil Procedure (6 decks)

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