Jurisdiction and Venue Flashcards
Personal Jurisdiction
Federal Courts must have personal jurisdiction to hear the case!!
The ability of a court to exercise power over a particular defendant or item of property.
- In personam
- In rem
- Quasi in rem
In personam
Served in state
Domiciled in state
consent
Long arm statute
Diversity/Amount in Controversy
§1332
- Diverse citizenship
- Exceeds $75K
- Must be diversity when action commenced!
- No diversity exists if any PL is a citizen of the same state as any defendant
Determining Citizenship - Individual/Corporation
State citizenship of individual - domicile
- Physical presence
- Intention to remain there
Citizenship of a corporation - Incorporation (Don’t talk about domicile!)
- A corporation is a citizen of every state in which it is incorporated AND
- ALSO a citizen of the ONE state in which it has its PPB
Domicile
Where the person maintains a permanent home.
–presence and intention to remain there permanently/make it her home
- A US citizen domiciled abroad is still subject to personal jurisdiction in the US
- You can ONLY HAVE ONE DOMICILE AND YOU ALWAYS HAVE ONE!
- YOU TEST AT THE TIME THE ACTION IS FILED!
Federal Question
§1331
Complaint must show a right or interest founded substantially on a federal law (e.g., federal constitution, legislation). The claim arises under federal law.
*See “Well Pleaded Complaint” Rule
Transfer by Federal Court
A federal district court may transfer the case to another federal district court.
*Can only transfer where case could have been filed!
This decision is based on “Public/Private factos showing that the other court is the subject of gravity”
Public - Things like what law, community burdens, local controversy, etc.
Private - Convenience
Due Process Considerations for Personal Jurisdiction
NOTICE, AND SUFFICIENT CONTACTS
Contacts: “such minimum contacts” to be fair and reasonable; purposeful availment; stream of commerce; foreseeability
Fairness: “traditional notions of fair play and substantial justice;” relatedness of claim to contact; convenience; forum state’s interest
Supplemental Jurisdiction Test
The claim we want to get into federal court must share a “common nucleus of operative fact” with the claim that invoked federal SMJ. This is ALWAYS met by claims that arise from the same T/O as the underlying claim.
Supplemental Jurisdiction
Allows the court jurisdiction over cases it wouldn’t have SMJ over. Only happens AFTER the case is properly in federal court. Acts to bring in additional claims that arise from the same transaction or occurrence as the original claim, but cannot be used to get the case into federal court in the first instance.
Subject Matter Jurisdiction
Limited to that authorized by the Constitution as implemented by federal statute and decisional law.
Diversity
Federal Question
Removal
Supplemental
Forum Non Conveniens
Where instead of transferring, the Court dismisses or stays an action because transfer is not possible.
e.g. a foreign country
Decision is based on:
- Public/Private transfer
- Transfer impossible
Solid Gold Summary
So a non-federal, non-diversity claim can be heard in federal court if it meets “the test” (supplemental jurisdiction) UNLESS it is:
- Asserted by a PL
- In a diversity of citizenship (not FQ) case, AND
- Is against a citizen of the same state as the PL
Determining Citizenship of and Unincorporated Association (LLC, LLP)
- Use citizenship of all members (includes general and limited partners)
- Don’t care where the business was formed or where it has PPB
Determining Citizenship of Minors
-Use their citizenship - not representative
