Jurisdiction (PJ & SMJ)

Question 1

Personal Jurisdiction def

Answer 1

the ability of the court having SMJ to exercise power over a particular D or item of property

Question 2

General rule

Answer 2

Must be authorized by statute AND be constitutional

Question 3

Specific jurisdiction

Answer 3

D must have SUCH MINIMUM CONTACTS with the forum such that J* would be fair and reasonable (NOTE: fairness only used in SJ* cases, not GJ*)

D must have PURPOSEFULLY AVAILED herself to the privileges of the forum state and it must be REASONABLY FORESEEABLE that defendant could get haled into court there

Question 4

Relatedness

Answer 4

If claim is RELATED to the D’s contact with the forum, more likely to find specific jurisdiction is reasonable

Question 5

General Jurisdiction

Answer 5

Systematic and Continuous activity in the forum state

When d is “essentially at home” in the forum

Can be sued for ANYTHING (no relatedness requirement)

Corp: always “at home” where incorporated and where it has its PPB (two places)

Question 6

Fairness

Answer 6

Burden on D to show unfair. Must weigh (1) burden on D and witnesses; (2) state’s interest; and (3) plaintiff’s interest

Must show a SEVERE DISADVANTAGE in the litigation. Very difficult to meet. Relative wealth of parties is not determinative.

Question 7

In Rem Jurisdiction

Answer 7

Most states require in rem J* for actions for condemnation, title registration, distribution of estate assets, etc.

Presence of property IN THE STATE is constitutionally sufficient to exercise in rem J*

Notice is required to those affected by the property

Question 8

Quasi In Rem J*

Answer 8

Two types: disputes between parties over rights in property in the state and disputes unrelated to the property

Minimum contacts test applies to both types

Question 9

Subject Matter J*

Answer 9

Court’s power over the subject matter of the case

Question 10

Clear PJ* cases

Answer 10

(1) domiciled in the forum; (2) consents; or (3) is voluntarily present in the forum when served with process

NOTE: immunity for nonresidents who are participating in a judicial proceeding

Question 11

Domicile

Answer 11

Place where person maintains permanent home. Only one, but you ALWAYS have one

Question 12

State Court SMJ*

Answer 12

Can hear ANY case. PJ* problems are possible, but never SMJ* problems

EXCEPTIONS: cases arising under some federal laws (patent, bankruptcy, federal securities and antitrust claims)

Question 13

Diversity of Citizenship

Answer 13

claim must be between (1) citizens of different states or between a citizen of a state and a citizen of a foreign country, AND (2) the AIC must EXCEED 75K

If Domiciled in the US and a citizen, you are a CITIZEN

Question 14

Alienage

Answer 14

The diversity requirement between state and citizen of foreign countries.

Suits between two foreign citizens is NOT alienage

NOTE: if an alien is admitted into the US (green-card) and is domiciled in a state, they are domiciled there and can’t invoke diversity with another citizen of that state

Question 15

Establishing new domicile

Answer 15

(1) physical presence in the state, and (2) INTENT to make that place your permanent home (look to variety of factors)

Question 16

Citizenship of Corporation

Answer 16

State where incorporated AND state where PPB

Corps have at most 2

PPB: where managers direct, coordinate, and control corporate activities, usually the headquarters (the “NERVE CENTER”)

Question 17

Citizenship of unincorporated association

Answer 17

Citizenship of ALL ITS MEMBERS

Question 18

Amount in Controversy Requirement

Answer 18

Must claim in good faith that it is over 75K

Only declined if it is clear TO A LEGAL CERTAINTY that the claim will be below 75K

NOTE: if you actually win below 75K though, may have to pay costs of litigation (except for attorneys fees) to other side

Question 19

Aggregation

Answer 19

Can aggregate factually unlimited claims and no limit on the amount of claims to aggregate so long as it is a claim asserted by 1P against 1D

EXCEPTION: Action against jointly liable D’s can be aggregated, and P’s can aggregate if they are enforcing a ingle title or right in which they have a common interest

Question 20

Cases where no Diversity can be invoked

Answer 20

Divorce, alimony, child custody, and probate

Question 21

Federal Q* J*

Answer 21

When a claim ARISES UNDER federal law

P must be ENFORCING a federal right

Question 22

Well pleaded complaint rule

Answer 22

P’s claim itself must arise under federal law on the face of the complaint itself. Not enough that P merely raises a federal issue

D’s anticipated defense does not create FQJ*

Question 23

Supplemental Jurisdiction

Answer 23

Gets non-federal, non-diversity claims into federal court if an anchor claim is in federal court

Requires a COMMON NUCLEUS OF OPERATIVE FACT. Will be met if the claim arises from the same TRANSACTION OR OCCURRENCE as the anchor claim (narrower than NCOF)

NOTE: court always has discretion to decline supplemental J* based on complex state law issues that predominate in the case or if the anchor claim is dismissed early in the case

Question 24

Exception to Supplemental J*

Answer 24

If anchor claim is DIVERSITY, P cannot use supplemental J* to overcome a lack of DIVERSITY

NOTE: does not apply to D’s counterclaims
NOTE: anchor claim must be based on diversity

Question 25

Removal Timing

Answer 25

D must remove within 30 days of SERVICE (NOT FILING) of the pleading

If a case later becomes removable, may bre removed within 30 days but CANNOT remove at all if it has been more than one year after it was brought in state court, unless P has acted in good faith

Question 26

Removal

Answer 26

Federal court must have J* and ONLY defendants can remove

All D’s must agree to remove

Must remove to the federal court that “embraces” the state court (the venue the state court is in)

Question 27

Limitations on Removal

Answer 27

Case based on diversity may not be removed if any defendant is a citizen of the forum state

Question 28

File Procedure

Answer 28

D files a notice of removal in the FEDERAL COURT, stating grounds for removal (SMJ* appropriate). Then, file a copy of the notice of removal in state court and serves it to other parties in state court

NO PERMISSION NEEDED to file a notice of removal, either from the courts or parties. JUST DO IT.

Question 29

Remand

Answer 29

If P thinks removal was improper for some reason, she must move to remand no later than 30 days after notice of removal is filed

NOTE: if P believes removal is improper based on lack of SMJ*, the may move to remand at ANYTIME. and the court must remand.

Question 30

Erie Doctrine

Answer 30

In diversity cases, federal court will apply federal procedural rules and sate substantive rules

Step 1: see if there is a valid, arguably procedural federal law on point that conflicts with state law. If so, federal law applies b/c of supremacy clause

Step 2: If no federal law on point, judge must apply state law if the issue is substantive (elements of a claim or defense; SoL; SoL; and choice of law rules are all substantive)

Step 3: if no federal law on point and the issue is not one of four listed above, judge determines whether it is “substantive”

Look to: Outcome determinative (if changes outcome of case, likely substantive); balance of interests (does either federal/state system have strong interest in having its rule applied); and avoid forum shopping

Question 31

Federal common law

Answer 31

THERE IS NO SUCH THING UNDER ERIE

general common law of K, torts, and property is STATE law, and fed courts must apply that state law

Question 32

Venue

Answer 32

venue is proper in ANY DISTRICT where ALL DEFENDANTS RESIDE, or a SUBSTANTIAL PART of the claim arose

If neither of these work, may lay venue where ANY D is subject to PJ*

Humans reside where domiciled (only 1) and corporations reside in all districts where it is subject to PJ* for this case (different from other rules)

Question 33

Improper Venue

Answer 33

Court MUST dismiss or, in the “Interests of justice,” court may transfer the case to a proper venue

NOTE: venue may be waived by parties. Waived unless timely objection made.

Question 34

Transfer of Venue

Answer 34

If venue is proper, court may nonetheless transfer the case for the CONVENIENCE of parties or witnesses to any other court that has proper venue

Factors: public and private; Other venue is the “center of gravity;” evidence and sitnesses are all in the other venue; predetermined FORUM SELECTION in a contract

NOTE: can transfer to any venue (even improper ones) if ALL PARTIES consent (but P is usually unlikely to consent)

Question 35

Forum Non conveniens

Answer 35

When the more convenient court is in a foreign country, and transfer is thus impossible. Must either dismiss or stay the case

HOWEVER, the other court must be AVAILABLE and ADEQUATE (adequate so long as P will be able to get a day in court. Remedies are immaterial for adequacy)

FNC is almost never granted if P is a resident of the present forum.

Question 36

Law applies in venue transfers

Answer 36

If OG venue was proper, apply the transferor laws

If improper OG venue, apply transferee court laws