Jurisdiction and Venue

Question 1

Obtain Subject Matter Jurisdiction THROUGH

Answer 1

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

Question 2

Amounts in Controversy

Answer 2

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

Question 3

Can plaintiff add claims?

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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

Answer 5

• only one member needs to meet $75K

Question 6

Diversity Jurisdiction

Answer 6

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

Question 7

What is Diversity of Citizenship?

Answer 7

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

Question 8

Citizenship means…

Answer 8

Where you are domiciled:
present location AND intent to stay

Question 9

Foreign Citizens

Answer 9

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

Question 10

Corporations domicile…

Answer 10

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

Question 11

Joining Parties

Answer 11

Cannot improperly join a party just to obtain Diversity

Question 12

Federal Question

Answer 12

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

Question 13

Is Federal Issue as a defense a federal question?

Answer 13

NO

Question 14

Federal Question Cases

Answer 14

• Admiralty
• Maritime
• Intellectual Property (copyright, trademark, patent)

Question 15

Supplemental Jurisdiction

Answer 15

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

Question 16

In Supplemental Jurisdiction: Diversity cases:

Answer 16

New party cannot destroy diversity of citizenship

Question 17

Supplemental Jurisdiction generally ALLOWED

Answer 17

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

Question 18

Supplemental Jurisdiction generally NOT ALLOWED

Answer 18

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

Question 19

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

Answer 19

Defendant; Plaintiff

Question 20

Is Court REQUIRED to apply supplemental jurisdiction?

Answer 20

No. They have DISCRETION

Question 21

Personal Jurisdiction

Answer 21

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

Question 22

General Rules of Personal Jurisdiction

Answer 22

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

Question 23

Long-Arm Statute

Answer 23

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

Question 24

Minimum Contacts Standard

Answer 24

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

Question 25

Minimum Contacts for Corporations

Answer 25

- Purposeful Availment - Systematic & Continuous Activities

Question 26

In Rem Jurisdiction

Answer 26

Jurisdiction over an object/property

Question 27

Quasi In Rem Jurisdiction

Answer 27

Going after property to satisfy a judgment against in individual

Question 28

Service of Process

Answer 28

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

Question 29

100 Mile Bulge Rule

Answer 29

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

Question 30

Service of Process & Notice

Answer 30

Method must give adequate NOTICE

Question 31

Proper ways to serve Process:

Answer 31

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

Question 32

What is A WASP

Answer 32

Abode Waiver Agent State method Personal service

Question 33

Out of State Service of Process

Answer 33

1) Mail 2) Newspaper IF NO other reasonable way

Question 34

Corporations Service of Process

Answer 34

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

Question 35

Removal Definition

Answer 35

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

Question 36

Who Can Remove?

Answer 36

- Only DEFENDANT may remove - ALL defendants must agree *no state agencies

Question 37

Removal: Timing

Answer 37

File within 30 DAYS of service of Complaint

Question 38

Diversity Cases (not Fed Q) Removal:

Answer 38

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)

Question 39

Multiple Claims Removal

Answer 39

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

Question 40

Remand Definition

Answer 40

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

Question 41

Remand Timing

Answer 41

- Within 30 days of filing Notice of Removal - Defendant has the burden to show that Removal was PROPER

Question 42

Venue Definition

Answer 42

The proper Federal District Court for the case

Question 43

Where are the 3 proper venue?

Answer 43

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)

Question 44

Venue for Defendant Corporations

Answer 44

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

Question 45

1) Transfer of Venue in Proper Venue:

Answer 45

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

Question 46

2) Transfer of Venue in Improper Value:

Answer 46

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

Question 47

3) Even if not totally convenient, Transfer by Consent

Answer 47

Both parties must consent

Question 48

Dismissal when...

Answer 48

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