Jurisdiction and Venue

Question 1

What are the types of Federal subject matter jurisdiction?

Answer 1

1. Federal Question;
2. Diversity;
3. Supplemental; and
4. Removal.

Question 2

What does subject matter jurisdiction concern?

Answer 2

The nature of the dispute.

Question 3

What are the elements of Federal question jurisdiction?

Answer 3

A well pleaded complaint

+ A Federal question in dispute.

Question 4

What does a well pleaded complaint require?

Answer 4

The federal claim must be in π’s affirmative side of the lawsuit (≠ defense claim)

Question 5

When a federal question is inside state law claims, federal jurisdiction occurs when?

Answer 5

If the federal law is actually in dispute

+ the claim demands the expertise of federal judges, and ought to be resolved as uniformly as possible

+ is not so commonly present in state law actions that federal courts would end up taking a large portion of state courts’ traditional jurisdiction.

Question 6

What does a diversity action require?

Answer 6

Complete Diversity between πs and ∆s

+ Amount in controversy > 75k.

Question 7

When does complete diversity exist?

Answer 7

No π and ∆ are citizens of the same state.

Question 8

What is the key inquiry in Federal question jurisdiction?

Answer 8

Is there a federal question in the π’s complaint?

Question 9

For diversity actions, citizenship is counted at what time?

Answer 9

Citizenship is measured at the time of filing.

Question 10

When is complete diversity not required for jurisdiction?

Answer 10

Class Action Lawsuits:

π class > 100

+ Amount in controversy > 5 mil

+ Any single member of the class is diverse from any single defendant.

Question 11

How does amending complaints impact diversity?

Answer 11

Diversity is re-evaluated at the time of the amendment.

Question 12

Where is a human being a citizen?

Answer 12

A human being’s state of citizenship is the state in which:

She resides;

+ Intends to remain indefinitely (no present plans to leave).

Question 13

A human being’s citizenship does not change until what happens?

Answer 13

They reside in a new place;

+ They intend to remain indefinitely in that new place.

Question 14

Where is a corporation a citizen?

Answer 14

1. Where it is incorporated; and,
2. Where it maintains its principal place of business.

Question 15

Where is a corporation’s principal place of business?

Answer 15

Where the executives do their business: “the brain/nerve center.”

Question 16

When evaluating diversity jurisdiction for a corporation, π must be diverse from?

Answer 16

Both the place of incorporation and the principal place of business.

Question 17

Where is an unincorporated association a citizen?

Answer 17

Citizen of every state where their members are citizens.

Question 18

When litigation occurs through personal representatives, for the purpose of diversity jurisdiction, the key inquiry is into the citizenship of who?

Answer 18

Citizenship of the incapacitated party (the party in interest).

Question 19

What does diversity jurisdiction require of the amount in controversy?

Answer 19

The plaintiff’s allegation of her financial injury > $75k—unless it appears to a legal certainty that such allegations are cannot be correct.

Question 20

What is the amount in controversy when there are multiple claims against the same ∆?

Answer 20

The sum all of the claims together.

Question 21

What is the amount in controversy when there are multiple claims against multiple ∆s?

Answer 21

Each defendant amount in controversy = claims against only them; claims of other ∆s are not aggregated together.

Question 22

What does supplemental jurisdiction allow for?

Answer 22

A claim falling outside out of Federal question or diversity jurisdiction to piggy-back of a claim that does Federal jurisdiction.

Question 23

What are the steps to evaluating supplemental jurisdiction?

Answer 23

Step 1: Does the claim seeking piggy back jurisdiction arise from the same transaction or occurrence as another claim falling within federal question or diversity;

Step 2: If anchor claim is Diversity: π cannot use supplemental to sue third party defendants(∆ brings another ∆ in) or stacked parties (multiple ∆’s sued together)

Step 3: Federal Court may decline jurisdiction if:

(a) the piggy back claim involves a novel and complex issue of state law;
(b) the piggy back claim substantially predominates over the federal question or diversity claim;
(c) the court has dismissed the anchor claim; and
(d) in exceptional circumstances, where other compelling reasons exist.

Question 24

What does removal jurisdiction permit?

Answer 24

Permits a federal court to hear a case that was originally filed in state court.

Question 25

Removal is only an option for who?

Answer 25

Defendants.

Question 26

What are the grounds for removal?

Answer 26

A defendant can remove a case from state to federal court if the original well pleaded complaint by π could have been filed in federal court (FQ, Diversity, Supplemental).

Question 27

When can a ∆ not remove a case?

Answer 27

Home-State Defendant Rule:

1. Federal jurisdiction would be grounded only in diversity jurisdiction; and,
2. The ∆ is a citizen of the state where the action is filed.

Question 28

What is the rule for removal when there are multiple defendants?

Answer 28

All must agree to removal.

Question 29

When must a defendant move to remove?

Answer 29

30 days of when grounds for removal became apparent (when served with process).

Question 30

If π sues multiple ∆s, how long do the ∆’s have to remove?

Answer 30

30 days from when the final ∆ is served (only the final ∆ can remove, others can join).

Question 31

If the removal to Federal court would be based on diversity of citizenship, how long does ∆ have to remove the case?

Answer 31

Within 1 year of when the case is filed-generally happens when the π makes a change to a lawsuit that creates diversity.

The 30 day window of when the grounds for removal became apparent still applies.

Question 32

What two bodies of law do you need to examine to determine whether a federal court has personal jurisdiction over a particular party?

Answer 32

1. If the state court where the fed court sits could assert personal jurisdiction; and,
2. Federal Constitutional Law.

Question 33

The first question a federal court must ask when considering personal jurisdiction is?

Answer 33

If the state court could assert personal jurisdiction, then the federal court may do so as well.

Question 34

If the state court could assert personal jurisdiction, then the Federal Constitution authorizes personal jurisdiction in what five circumstances?

Answer 34

Parties have:

1. Residency;
2. Given Consent;
3. Received Service;
4. Have Minimum Contacts; or,
5. Have Substantial Business with the State.

Question 35

When is residency satisfied for personal jurisdiction?

Answer 35

Party is a resident in the state where the lawsuit is being filed.

Residency = where they currently live.

Question 36

In what three ways can consent to personal jurisdiction occur?

Answer 36

1. Appearance: When party appears in court without objecting to personal jurisdiction in initial filing or appearance;
2. Contract Signed: a signed contract containing a choice of forum clause; or,
3. Appointment: Party is an appointed agent in state where it is filed.

Question 37

When is service satisfactory for personal jurisdiction?

Answer 37

Party is served while in the jurisdiction.

Question 38

To hear a case, a federal court must have what types of jurisdiction?

Answer 38

Subject Matter Jurisdiction

+ Personal Jurisdiction.

Question 39

When is tag jurisdiction unconstitutional?

Answer 39

1. If ∆ is coaxed or lured into the state; or,
2. If ∆ in state to participate in legal proceedings.

Question 40

When are minimum contacts for personal jurisdiction established?

Answer 40

The defendant has established a minimum contact with the forum state

+ The claim against him arises from that contact

+ Jurisdictions will not offend fair play and substantial justice.

Question 41

When does a defendant has minimum contacts with a particular state?

Answer 41

1. He causes harm in the state;
2. Does business in the state; or,
3. Has an interest in real property in the state.

Question 42

When does a lawsuit arise from a defendant’s contacts?

Answer 42

When the contacts played a role in causing the lawsuit.

Question 43

When does a ∆ have substantial business for personal jurisdiction?

Answer 43

The business must be so significant that the company, though not incorporated or headquartered in the state, is essentially at home there. The action does not need to occur in the state, the business can be sued for anything in the jurisdiction.

Question 44

What does venue dictate?

Answer 44

The region within a particular state where a suit can occur. In federal court, this region is called a judicial district.

Question 45

Differentiate SMJ v. PJ v. Venue.

Answer 45

SMJ: Whether you can sue in Federal Court.

PJ: The State where you can sue.

Venue: What judicial district you can sue in.

Question 46

What dictates the appropriate venue?

Answer 46

1. Residency of potential ∆’s if all ∆’s are from the same state; or,
2. Location of events giving rise to the lawsuit.

Question 47

Where is venue proper when all defendants reside in the same state?

Answer 47

In the judicial district that any single ∆ resides.

Question 48

For venue purposes, where do corporations reside?

Answer 48

In any judicial district in which they are subject to personal jurisdiction.

Question 49

For personal jurisdiction purposes, where do non-corporate entities reside?

Answer 49

In the state in which it maintains its principal place of business.

Question 50

For venue purposes, where do non-corporate entities reside?

Answer 50

In any judicial district in which they are subject to personal jurisdiction.

Question 51

For venue, personal jurisdiction, and subject matter jurisdiction, where do natural persons reside?

Answer 51

In the state in which they live and intend to remain indefinitely.

Question 52

If the ∆s reside in multiple states, what will venue will be dictated by?

Answer 52

1. The location of the harm: where a substantial part of event occurred; or,
2. Where the disputed property is located.

Question 53

When may transferring venue occur?

Answer 53

If transferring is the result of

1. Convenience;
2. Agreement; or,
3. Interest of Justice.

Question 54

What are the requirements for transferring venue for convenience?

Answer 54

Venue must have been appropriate at the original time of filing

+ Transfer is necessary for convenience of the parties (≠ outside Federal jurisdiction).

Question 55

Transferring venue by agreement requires?

Answer 55

All parties to consent, then the parties can go anywhere.

Question 56

Transferring venue in the interest of justice requires?

Answer 56

A plaintiff to file suit in an improper venue, then:

1. The court may dismiss the suit or,
2. In the interest of justice, transfer the case to a venue where the case could have been filed originally.

Question 57

When is invoking forum non conveniens appropriate?

Answer 57

The most convenient court in which to litigate a suit is not in the United States.

Question 58

What does a court do when forum non conveniens is appropriate?

Answer 58

Dismiss the suit without prejudice so that the plaintiff may refile the suit abroad if she desires.

Question 59

What types of actions cannot be brought in state court?

Answer 59

Actions that the federal courts have exclusive jurisdiction over.

Question 60

In a statutory interpleader case, where does a Federal court have jurisdiction?

Answer 60

Nationwide.

Question 61

What law is applied by Federal courts in Federal question cases?

Answer 61

The text of the federal law as well as any authoritative precedent interpreting that text.

Question 62

What law is applied by Federal courts in embedded Federal question cases?

Answer 62

Embedded federal question cases are instances in which the success or failure of a state law claim depends on a question of Federal law.

When a Federal court hears this type of case, the court applies state law to the issues pertaining to state law and federal law to the issues pertaining to state law.

Question 63

What law is applied by Federal courts in Federal common law cases?

Answer 63

When a case implicates one of these areas, the Federal courts will apply (and, if need be, create) any existing federal common law and ignore any state law that might otherwise apply.

Question 64

Federal common law and is generally confined to which fields of law?

Answer 64

1. Maritime Law;
2. Foreign Relations;
3. Commercial Rights and Liabilities of the Federal Government; and,
4. Property Rights and Liabilities of the Federal government.

Question 65

In diversity cases, what determines the law to apply?

Answer 65

The Erie Analysis.

Question 66

What are the steps in the Erie analysis?

Answer 66

For diversity cases only:

Step 1: If a valid federal statute or constitutional provision is on point, the Federal court must apply it;

Step 2: If There Is no Federal statutory or Constitutional law on point, do what would avoid unfairness and forum shopping.

Question 67

How do you apply step 2 of the Erie analysis?

Answer 67

If there is no valid federal statutory or constitutional law on point, the federal court should follow its ordinary practices (whether rooted in case law, written policy, informal practice, or simply habit) UNLESS doing so would lead to preference to one court system or another or fundamental unfairness.

Question 68

In Step 2 of Erie: If determined that State law must be apply to avoid unfairness, what is the law called?

Answer 68

Substantive Law: a law that would cause forum shopping. If Federal law preferred, then call it procedural.