Jurisdiction + Venue

Question 1

Subject Matter Jurisdiction

Answer 1

Div. Jurisdiction + fed Question

Question 2

Diversity of Citizenship

Answer 2

(a) P (Completely Diverse) from (D)

Question 3

(b) Amount in Controversy

Answer 3

(i) Must be in excess of $75,000.
(ii) Court must have “legal certainty”

Question 4

(c) Adding Claims

Answer 4

(i) P can ADD claims if one is already over $75,000
(ii) Single P can ADD claims against Single D to reach $75,000
(iii) Multiple Plaintiffs
(i) If Single P meets $75,000 then other plaintiffs can join
(ii) Cannot join if no Single Claim exceeds $75,000 threshold

Question 5

(d) Class Actions

Answer 5

(i) One named Plaintiff must meet $75,000 + threshold

Question 6

(e) Diversity Jurisdiction

Answer 6

(i) Case Exceeds $75,000 threshold
(ii) Complete Diversity of Citizenship
(i) Domicile - Domicile and Intent to stay

Question 7

(f) Foreign Citizens

Answer 7

(i) US citizenship + Foreign Citizenship = Diversity
(ii) Two Foreign Citizens = NO Diversity

Question 8

(g) Corporation – Domicile

Answer 8

(i) State of incorporation AND
(ii) Principle Place of business

Question 9

(h) Joining Parties re Diversity

Answer 9

(i) Cannot join Parties to obtain Diversity

Question 10

3) Federal Question

Answer 10

(a) Π claim must be based on federal law
(b) Well-Pleaded complaint Rule: Fed Law issue must be obvious
(c) Federal Question Cases - AMI
(i) Admiralty
(ii) Maritime
(iii) IP
(i) Copyright
(ii) Trademark, etc

Question 11

B) Supplemental Jurisdiction

Answer 11

may add claims without subject matter jurisdiction if they arise from a “COMMON NUCLEUS of Operative Fact”

Question 12

2) Supplemental Jurisdiction – Allowed

Answer 12

(a) Compulsory Counterclaim
(b) Joinder in Compulsory Counterclaim
(c) Cross-Claim
(d) Impleader of 3rd Party Δ

Question 13

3) Supplemental Jurisdiction – Not Allowed

Answer 13

(a) Original π v 3rd Party Δ
(b) Compulsory Joinder
(c) Joinder of Δ
(d) Intervention
4) Supplemental Jurisdiction & DISCRETION
(a) Court has discretion to apply Supplemental Jurisdiction

Question 14

C) Personal Jurisdiction / In personem - Gen Rules

Answer 14

1) General Rules
(a) Present/ Personally Served
(i) Cannot be served via illegal means
(b) Domiciled
(c) Consent
(i) Cannot already have the ability to be sued there

Question 15

2) Long-Arm Statute

Answer 15

(a) Gives courts the power to reach out-of-state persons

Question 16

3) Minimum Contacts standard

Answer 16

(a) Has the π been to the location? Does he have any relationships in the jurisdiction?
(b) Suit does not offend traditional notions of Fair Play & Justice
(c) Δ could reasonably anticipate the litigation

Question 17

4) Minimum Contacts – Corporations

Answer 17

(a) Purposeful Availment of jurisdiction
(b) Systematic & Continuous Activities in the jurisdiction

Question 18

D) In Rem Jurisdiction

Answer 18

1) In Rem Jurisdiction
(a) Jurisdiction over an object
(b) Example
(i) Trying to get the property over to Blackacre

Question 19

E) Quasi In Rem

Answer 19

1) Quasi In Rem Jurisdiction
(a) Going after property to satisfy a judgment against an individual

Question 20

F) Service of Process

Answer 20

(a) Only in the state where district court sits OR
(b) Anywhere allowed by long-arm statute

Question 21

(i) 100 Mile Bulge Rule

Answer 21

1. Out-of-state service allowed within 100-mile radius
2. Only for out-of-state 3rd party / defendants/indispensable parties