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T&D.Edits.Civil.Procedure > Jurisdiction and Venue > Flashcards

Jurisdiction and Venue Flashcards

1
Q

What are the types of federal subject matter jurisdiction?

A
  1. Federal Question
  2. Diversity
  3. Supplemental
  4. Removal
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2
Q

What does subject matter jurisdiction concern?

A

The nature of the dispute

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3
Q

What are the elements of federal question jurisdiction?

A

1) A well pleaded complaint
2) A federal question in dispute

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4
Q

What does a well pleaded complaint require?

A

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

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5
Q

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

A

1) If the federal law is actually in dispute
2) The claim demands the expertise of federal judges, and ought to be resolved as uniformly as possible
3) It is not so commonly present in state law actions that federal courts would end up taking a large portion of state courts’ traditional jurisdiction
* More Info:* Federal Questions and State Law

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6
Q

What does a diversity action require?

A

1) Complete diversity between plaintiffs and defendants
2) Amount in controversy > 75k

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7
Q

When does complete diversity exist?

A

No plaintiff and defendant are citizens of the same state

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8
Q

What is the key inquiry in federal question jurisdiction?

A

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

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9
Q

For diversity actions, citizenship is counted at what time?

A

Citizenship is measured at the time of filing

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10
Q

When is complete diversity not required for jurisdiction?

A

In class action lawsuits if:

1) There are more than 100 members in the plaintiff’s class
2) The amount in controversy is greater than 5 million dollars

And

3) Any single member of the class is diverse from any single defendant

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11
Q

How does complaint amendment impact diversity?

A

Diversity is re-evaluated at the time of the amendment

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12
Q

Where is a human being a citizen?

A

A human being’s state of citizenship is the state in which she resides and intends to remain indefinitely (i.e. no present plans to leave).

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13
Q

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

A

They reside in a new place and intend to remain indefinitely in that new place.

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14
Q

Where is a corporation a citizen?

A
  1. Where it is incorporated

And

  1. Where it maintains its principal place of business
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15
Q

Where is a corporation’s principal place of business?

A

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

More Info: Principal Place of Business

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16
Q

When evaluating diversity jurisdiction for a corporation, Plaintiff’s must be diverse from?

A

Both the place of incorporation and the principal place of business

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17
Q

Where is an unincorporated association a citizen?

A

It is a citizen of every state where their members are citizens.

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18
Q

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

A

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

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19
Q

What does diversity jurisdiction require of the amount in controversy?

A

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

More Info: Diversity Jurisdiction and Amount in Controversy

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20
Q

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

A

The sum all of the claims together

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21
Q

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

A

For each defendant the amount in controversy is equal to the claims against only them; claims of other defendants are not aggregated together.

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22
Q

What does supplemental jurisdiction allow for?

A

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

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23
Q

What are the steps to evaluating supplemental jurisdiction?

A

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

Step 2: If the anchor claim is there in diversity, then the plaintiff cannot use supplemental to sue third party defendants or stacked parties

Step 3: Federal court may decline jurisdiction if:

(a) the supplemental claim involves a novel and complex issue of state law
(b) the supplemental claim substantially predominates over the federal question or diversity claim
(c) the court has dismissed the anchor claim
(d) in exceptional circumstances, where other compelling reasons exist
* More Info:* Supplemental Jurisdiction

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24
Q

What does removal jurisdiction permit?

A

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

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25
Q

Removal is only an option for who?

A

Defendants

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26
Q

What are the grounds for removal?

A

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

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27
Q

When can a defendant not remove a case?

A

Home-State Defendant Rule:

  1. Federal jurisdiction would be grounded only in diversity jurisdiction
  2. The defendant is a citizen of the state where the action is filed
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28
Q

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

A

All must agree to removal

29
Q

When must a defendant move to remove?

A

30 days from when the grounds for removal became apparent (when served with process)

30
Q

If the plaintiff sues multiple defendants, how long do the defendants have to remove?

A

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

31
Q

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

A

Within 1 year of when the case is filed

This generally happens when the plaintiff makes a change to a lawsuit that creates diversity.

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

More Info: Removal Based on Diversity

32
Q

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

A
  1. If the state court where the federal court sits could assert personal jurisdiction
  2. Federal constitutional law.
33
Q

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

A

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

34
Q

If the state court in which the federal court sits can assert personal jurisdiction, then the Federal Constitution authorizes personal jurisdiction in what five circumstances?

A

Parties have:

  1. Residency
  2. Given Consent
  3. Received Service
  4. Have Minimum Contacts

Or

  1. Have Substantial Business with the State
35
Q

When is residency satisfied for personal jurisdiction?

A

When the party is a resident in the state where the lawsuit is being filed.

Residency is where the party currently lives.

36
Q

In what three ways can consent to personal jurisdiction occur?

A
  1. Appearance: When a party appears in court without objecting to personal jurisdiction in their initial filing or appearance
  2. Contract Signed: a signed contract containing a choice of forum clause
  3. Appointment: The party is an appointed agent in the state where it is filed.
37
Q

When is service satisfactory for personal jurisdiction?

A

The party is served while in the jurisdiction

38
Q

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

A

Subject matter jurisdiction and personal jurisdiction

39
Q

When is tag jurisdiction unconstitutional?

A
  1. If the defendant is coaxed or lured into the state

Or,

  1. If the defendant is in the state to participate in legal proceedings
40
Q

When are minimum contacts for personal jurisdiction established?

A

1) The defendant has established a minimum contact with the forum state
2) The claim against him arises from that contact
3) Jurisdictions will not offend fair play and substantial justice by exercising jurisdiction

41
Q

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

A
  1. He causes harm in the state
  2. He does business in the state

Or

  1. He has an interest in real property in the state
    * More Info:* Minimum Contacts
42
Q

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

A

When the contacts played a role in causing the harm giving rise to the lawsuit

43
Q

When does a defendant have substantial business for personal jurisdiction?

A

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.

44
Q

What does venue dictate?

A

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

45
Q

Differentiate between subject matter jurisdiction (SMJ), personal jurisdiction (PJ), and venue (V).

A

SMJ: Whether you can sue in federal court

PJ: The state where you can sue

V: What judicial district you can sue in

46
Q

What dictates the appropriate venue?

A
  1. Residency of potential defendants if all defendants are from the same state

Or

  1. The location of events giving rise to the lawsuit
    * More Info:* Venue
47
Q

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

A

In the judicial district that any single defendant resides

48
Q

For venue purposes, where do corporations reside?

A

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

49
Q

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

A

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

50
Q

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

A

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

51
Q

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

A

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

52
Q

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

A
  1. The location of the harm, in other words, where a substantial part of event occurred

Or

  1. Where the disputed property is located
53
Q

When may transferring venue occur?

A

If transferring is the result of

  1. Convenience
  2. Agreement

Or

  1. In the interest of justice
    * More Info:* Venue Transfer
54
Q

What are the requirements to transfer venue for convenience?

A

1) The new venue must have been appropriate at the original time of filing
2) Transfer must be necessary for the convenience of the parties (≠ outside federal jurisdiction)

55
Q

Transferring venue by agreement requires?

A

If all parties consent, then the parties can go anywhere

56
Q

Transferring venue in the interest of justice requires?

A

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

  1. The court may dismiss the suit

Or

  1. In the interest of justice, transfer the case to a venue where the case could have been filed originally
57
Q

When is invoking forum non conveniens appropriate?

A

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

More Info: Forum Non Conveniens

58
Q

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

A

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

59
Q

What types of actions cannot be brought in state court?

A

Actions that the federal courts have exclusive jurisdiction over

60
Q

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

A

Nationwide

61
Q

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

A

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

62
Q

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

A

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 federal law

63
Q

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

A

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

64
Q

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

A
  1. Maritime Law
  2. Foreign relations
  3. Commercial rights and liabilities of the Federal Government
  4. Property rights and liabilities of the Federal Government
65
Q

In diversity cases, what determines the law to apply?

A

The Erie analysis

66
Q

What are the steps in the Erie analysis?

A

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

More Info: Erie Analysis

67
Q

How do you apply step 2 of the Erie analysis?

A

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 over another or fundamental unfairness

68
Q

In Step 2 of Erie analysis: If determined that state law must be appliedto avoid unfairness, what is thelaw called?

A

Substantive law. Substantive law is any law that would cause forum shopping. If federal law is preferred, then call the law procedural.

T&D.Edits.Civil.Procedure (5 decks)

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