Jurisdiction & Venue

Question 1

What is Federal Question Jdxn?

Answer 1

1. federal district courts have original jurisdiction over all civil actions arising under the constitutions, law,s and treaties of the US
2. based on a well-pleaded complaint

Question 2

What is Diversity Jdxn?

Answer 2

1. Citizens of 2 diff states with amount in controversy over 75k
2. Party can aggregate multiple claims to meet requirement

Question 3

What is an individuals citizenship?

Answer 3

1. domicile, which is physical residence + intent to remain

Question 4

What is a corps. citizenship?

Answer 4

1. State of Incorporation

2. Principal place of business (nerve center)

Question 5

What is an unincorporated association’s citizenship?

Answer 5

1. the citizenship of all its members
2. for class action purposes, the state whose laws its is organized under and the state where it has its principal place of business

Question 6

What is supplemental Jdxn?

Answer 6

1. where the fed district court possess subject-matter jurisdiction over original claim and other claims arising out of the same transaction or occurrence.
2. A fed court is not required to exercise supplemental jdxn

Question 7

Removal Requirements

Answer 7

1. D may remove if the case could have originally been filed in a district court. All Ds must consent to removal
2. If based on diversity, none of the Ds may remove a case if they are a resident of that state.
3. removal must be filed within 30 days of the initial pleading or amended pleading.
4. removal is not permitted more than 1 year after the commencement of the action.
5. venue of a removed case is the district court where the state court is located. P may move for remand iw/in 30 days if removal is erroneous

Question 8

Can SMJ ever be waived?

Answer 8

1. no, furthermore, the court must dismiss an action if it determines it doesn’t have smj

Question 9

How to establish territorial jdxn?

Answer 9

1. A fed statute may create a cause of action and give fed courts nationwide jdxn.
2. The Bulge Rule- a fed court may exercise jdxn over a D outside the state if the D is joined under Rule 14 or 19 w/in 100 miles from where the summons was issue.

Question 10

Long-Arm Statute

Answer 10

1. personal jdxn must comply with the DPC of the Constitution
2. state courts can exercise PJ over an out-of-state D via a long-arm statute
3. long arm statutes explain the types of contacts that will support jdxn.

Question 11

5 Constitutional Bases for exercising PJ in a state

Answer 11

1. residency
2. consent
3. service- tag rule if P is voluntarily present in state; no fraud allowed
4. minimum contact- claim must arise from the contacts and must not offend traditional notions of fair play and justice. D must purposefully avails himself of the forum.
5. substantial business- essentially at home

Question 12

In Rem Jdxn requires

Answer 12

1. real or personal property of value
2. property is within states federal district
3. court must seize the item
4. owner must have proper notice

Question 13

Quasi Rem Jdxn requires

Answer 13

1. property is within states federal district
2. D owns the property
3. property is being attached or seized
4. D has proper notice of the proceedings

Question 14

Service must occur within…

Answer 14

90 days of the filing of the complaint and must include the complaint

Question 15

Requirements for summons:

Answer 15

1. signed by clerk
2. identify both parties
3. be directed at D
4. state the name and address of P or P’s attorney
5. Notify D of logistics for answer and potential of default judgement
6. contain the seal of the court

Question 16

Service of Process Requirements

Answer 16

1. effected by any person over 18 and not a party to the suit according to that requirements by that states court or the state where D resides
2. D may waive service on P’s request
3. court can dismiss action for insufficient process if D received actual notice of the action by other means

Question 17

How is process served to humans?

Answer 17

1. directly delivering process to D
2. leaving process at D home with a person of suitable ag and discretion who lives there
3. serving D registered agent

Question 18

How is process served to corporations?

Answer 18

1. delivering process to an officer, managing agent or any other agent authorized by appointment of by law to receive process.

Question 19

Where is venue proper?

Answer 19

1. the district where any D resides, if all other Ds reside in the same state
2. the district where a substantial portion of events occurred
3. the district where any D would be subject to PJ if there is no other district where action could be brought
4. also where a party consents to the venue, consents to PJ in the venue, or waives the objection by failing to raise it

Question 20

Under what circumstances can venue be transferred?

Answer 20

1. if brought in a proper venue, for the convenience of parties and witnesses in the interest of justice
2. if brought in improper venue, court may dismiss, or in the interest of justice transfer to a venue where it could originally have been filed

Question 21

What is forum non conviens?

Answer 21

1. allows a court to decline jdxn and dismiss a properly brought suit if it would be seriously inconvenient forum AND if there is an adequate alternative forum
2. only applies in federal court when alternative forum is in another country

Question 22

What is the Rules of Decision Act?

Answer 22

1. applicable provisions of the constitution, treaties, and statutes enacted by congress always take precedence over state law

Question 23

Erie Doctrine

Answer 23

1. when a federal court sitting in diversity is exercising supplemental jurisdiction, the court must apply state substantive law and federal law.