Jurisdiction and Venue Flashcards
Types of SMJ
Federal question, diversity, supplemental jurisdiction
Federal question
Well-pleaded complaint: question of federal law must arise in P’s affirmative claim
Supplemental jurisdiction
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
Removal
D can remove from state to fed court if case could have been originally brought in fed court
how to get personal jurisdiction
Residency, Consent (appearance or contract), Process in forum, Minimum Contacts, Essentially at home
Minimum contacts
Minimum contact in state + claim arises from that contact + fair play and substantial justice
Transferring venue
Convenience (could have been filed + necessary for parties/witnesses) or all parties agree.