Jurisdiction and Venue Flashcards

1
Q

Types of SMJ

A

Federal question, diversity, supplemental jurisdiction

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2
Q

Federal question

A

Well-pleaded complaint: question of federal law must arise in P’s affirmative claim

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3
Q

Supplemental jurisdiction

A

Step 1: does state claim arise from same transaction/occurrence?; Step 2: sneaky plaintiff situation?; Step 3: court can decline if state law predominates/is novel or anchor claim dismissed

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4
Q

Removal

A

D can remove from state to fed court if case could have been originally brought in fed court

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5
Q

how to get personal jurisdiction

A

Residency, Consent (appearance or contract), Process in forum, Minimum Contacts, Essentially at home

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6
Q

Minimum contacts

A

Minimum contact in state + claim arises from that contact + fair play and substantial justice

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7
Q

Transferring venue

A

Convenience (could have been filed + necessary for parties/witnesses) or all parties agree.

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