Jurisdiction, Venue, COL

Question 1

federal question jurisdiction

Answer 1

Federal question jurisdiction requires:

• federal issue
• on the face of a well-pleaded complaint

Question 2

diversity jurisdiction

Answer 2

Diversity jurisdiction requires:

• complete diversity
  
  • between citizens of different states
  • between citizens of a state and a foreign country
• amount in controversy > $75,000
  
  • good-faith assertion
  • injunctive relief: monetary value of removal of harm or cost of compliance

Question 3

diversity jurisdiction: aggregation of amount in controversy

Answer 3

• can aggregate for multiple plaintiffs against one defendant
• can aggregate against multiple defendants IF jointly liable

Question 4

supplemental jurisdiction

Answer 4

Supplemental jurisdiction is permitted when the claims arise out of a common nucleus of operative fact.

Question 5

supplemental jurisdiction + federal question jurisdiction

Answer 5

If related to the original federal claim:

• A plaintiff can bring a state law claim.
• An additional plaintiff can bring a state law claim.
• A defendant can bring a cross-claim.

Question 6

supplemental jurisdiction + diversity jurisdiction

Answer 6

If related to the original federal claim:

• A plaintiff can bring a state law claim.
• An additional plaintiff can bring a state law claim UNLESS it destroys diversity.
• A defendant can bring a cross-claim.

Question 7

Courts have discretion to reject supplemental jurisdiction if…

Answer 7

• The claims are complex or predominate the lawsuit.
• The federal law claims are dismissed.
• There are any other compelling reasons to decline jurisdiction.

Question 8

removal to federal court

Answer 8

• The federal court can exercise subject-matter jurisdiction over the case.
• All defendants consent.
• No in-state defendants.
• Motion for removal filed within 30 days of receiving the complaint.

Question 9

personal jurisdiction bases

Answer 9

• service while voluntarily present
• domicile
• consent
• long-arm statute/due process
• attachment of property

Question 10

personal jurisdiction: due process

Answer 10

• minimum contacts
  
  • purposeful availment
  • relatedness
    
    • specific jurisdiction
    • general jurisdiction
• fair play and substantial justice

Question 11

venue

Answer 11

• if all defendants reside in the same state, any district in which a defendant resides
• where a substantial part of the events or omissions occurred
• where a property is situated
• if none of the above, where any defendant is subject to personal jurisdiction

Question 12

transfer of venue

Answer 12

• any district where the case might have been brought
• any district to which all the parties consent

Question 13

transfer of venue: COL

Answer 13

• original venue proper –> transferor’s law
• original venue improper –> transferee’s law

Question 14

Erie doctrine

Answer 14

• federal question –> federal law
• diversity –> federal procedural law + state substantive law

Question 15

Erie doctrine: examples of substantive law

Answer 15

• calculation of damages
• statute of limitations
• evidentiary privileges