Jurisdiction & Venue

Question 1

Statute # Federal Question Jurisdiction

Answer 1

1331

Question 2

Statute # Diversity Jurisdiction

Answer 2

1332

Question 3

Statute # Supplemental Jurisdiction

Answer 3

1367

Question 4

What is the well pleaded complaint rule?

Answer 4

If the federal question is included within the complaint because it is necessary for a well pleaded complaint, then it its inclusion is appropriate. If not, and the plaintiff is anticipating a defense by the defendant based on federal law, then it is not a federal question case because the cause of action is not arising under federal law.

Question 5

How does the well pleaded complaint rule affect removal?

Answer 5

The defendant in state court cannot remove to federal court based on their federal defense because the case could not have been brought there originally.

Question 6

What are the basic requirements for Federal diversity jurisdiction? [Include $$ stacking]

Answer 6

28 U.S.C. 1332. Amount in controversy in excess of $75,000 and complete diversity. Each plaintiff may stack his or her individual claims but you cannot stack plaintiffs.

Question 7

Where are corporations citizens?

Answer 7

Corporations are citizens of the states or state in which they are incorporated and the state where they have their principal place of business.

Question 8

Where are individuals citizens?

Answer 8

Generally, individuals are citizens of the state where they are domiciled (last place the person resided with intent to remain indefinitely). Exception: Executor or administrator of a decedent’s estate takes on the citizenship of the decedent in that context.

Question 9

What are the requirements of supplemental jurisdiction?

Answer 9

28 U.S.C. 1367.

1. There must be a claim that survive in federal court independently for a dependent claim to get in through supplemental jurisdiction.
2. The claims at issue must be part of the same case or controversy (common nucleus of operative fact/same transaction)
3. The independent claim is a federal question claim. [If just diversity, then not enough for supplemental jurisdiction!]
4. Court discretion.

Question 10

What is the general rule for removal in federal court? What are the important caveats (2)?

Answer 10

If the plaintiff could have brought the case in federal court, then removal is appropriate. If not, then there cannot be removal and the case will be remanded.

(1) If the case could be brought in federal court based solely on diversity, and there is a local defendant in state court, then removal is not allowed because they need no protection.
(2) If there are multiple defendants, all must join to be remove.

Question 11

How long do defendants have to move for removal?

Answer 11

30 days. 30 days from filing. 30 days from amendment adding a federal question or creating diversity. If the removal after amendment is possible only because of diversity, though, there cannot be removal if the case has been pending for more than one year.

Question 12

What happens if removal is improper?

Answer 12

When the party moves for removal, the question of whether or not it is proper goes to the federal court. If they decide it is improper, then the case is remanded back to state court.

Question 13

What is the jurisdictional status of a writ of habeas corpus and what four grounds can it be brought?

Answer 13

Writs of habeas corpus, which are civil actions alleging that confinement is defective in some way, are federal questions because they are based on constitutional grounds. 1. Due process 2. self-incrimination 3. double jeopardy 4. cruel and unusual punishment

Question 14

What is the general rule regarding territorial jurisdiction of the federal courts? What are the two exceptions?

Answer 14

A federal court can reach a defendant as fara s a state court could in that locale. Some federal rules, like interpleader, extend that reach nationwide. Some circumstances give the court reach of 100 miles of its locale, which may allow it to reach into a neighboring state.

Question 15

What are the four grounds for in personam jurisdiction? (federal)

Answer 15

1. Presence (domicile or service of process/tagging)
2. Consent (express and implied)
3. Waiver
4. Contacts (general and specific)

Question 16

What is in rem jurisdiction and how does it work?

Answer 16

Jurisdiction over things when you are fighting over the rights in that thing. The prerequisite is that the property must be seized.

Question 17

What is quasi in rem jurisdiction? When is it constitutional?

Answer 17

Quasi in rem jurisdiction is a way of acquiring poer over an out of state defendant based upon the seizure of property in the forum state when the cause of action has nothing to do with that property. It is constitutional only when the defendant would be subject to in personam jurisdiction under minimum contacts analysis (test is the same as in personam jurisdiction/minimum contacts).

Question 18

In general, what are the four situations in which venue is initially proper? [federal]

Answer 18

1. Venue is proper in a district where any defendant resides IF all the defendants reside in the same state.
2. Venue is proper in any district where a substantial part of the events giving rise to the claim occurred, or if the case is about property, where a substantial part of the property is located.
3. In diversity cases, if there is no other district where you can bring the case, but there is a district where any defendant is subject to personal jurisdiction/can be found, then venue will lie there.
4. In federal question cases, if there is no other district where you could bring the case, and there is a district where any defendant is subject to personal jurisdiction, then venue will lie there.

Question 19

For the purposes of venue, where does a corporation reside?

Answer 19

In any district where, if that district were a state, that corporation would be subject to personal jurisdiction.

Question 20

Where do aliens reside?

Answer 20

Aliens may be sued in any district.

Question 21

Regarding venue, how do consent and waiver work?

Answer 21

Venue can be consented to, even if improper, because it is a personal thing. Venue can also be waived if the objection to venue is made improperly or at the wrong time.

Question 22

How does transfer of venue work when venue is initially correct?

Answer 22

A federal court might decide that a case was brought in the right district, but that here is a better place due to convenience of the parties/witnesses and interests of justice, and if that place was a proper place to bring the case originally, then the court can transfer it to that better district.
•If the court transfers it, then the law of the original forum will apply. The plaintiff filed correctly and they get to make that decision and this way they aren’t punished. That advantage follows them to the next venue.
•Because the original choice of venue was correct, the burden is on the party making the motion to say that the other venue is much better. The court gives substantial deference to the original choice of forum because venue was proper to begin with.

Question 23

How does transfer of venue work when venue is originally improper?

Answer 23

if the venue originally is improper, the court may transfer to a district where the case might have been brought, but the law of the original forum will not follow the case.

Question 24

What is forum non conveniens? [Procedure and remedy]

Answer 24

There is a substantially more convenient location for the lawsuit to go forward and the court is asked by the defendant to dismiss the case and ask the plaintiff to file in that different forum. This is dismissal, not transfer.
Procedure–Motion to dismiss in which the court is convinced that there is a substantially better forum and in the current forum there is serious inconvenience.
Remedy–Dismissal for the case to be brought somewhere else, like state court or another country.