Kaplan Pgs 4-25 Jx and Venue

Question 1

What do federal district courts have original jurisdiction over?

Answer 1

All civil actions arising under the constitution, laws, and treaties of the United States

Question 2

How does a case arise under federal law?

Answer 2

If the federal question appears on a fair reading of a well pleaded complaint

Question 3

If a defendant is his federal law as the basis for her defense, will that on its own create federal question jurisdiction?

Answer 3

No

Question 4

Under the world pleaded complaint rule, in order to create federal question jurisdiction, what must happen?

Answer 4

The federal question must arise within the plaintiffs affirmative claim, regardless of any defences that the defendant might raise

Question 5

If you assert an anticipated defence in federal law, is that enough to establish federal question jurisdiction?

Answer 5

No

Question 6

If you violate a federal statute, does that create a federal cause of action?

Answer 6

Only if the statute also provide a remedy for the

Question 7

Admiralty and maritime cases are within the purview of what court?

Answer 7

Federal courts have original jurisdiction over these

Question 8

What is required in order for Admiralty jurisdiction to apply?

Answer 8

The casemust have a maritime nexus, which means that the incident had to have had a potentially disrupt and effect on maritime commerce, and the general character of the activity had to show substantial relationship to traditional maritime activity

Question 9

Can a plaintiff pursue a maritime claim as a common law claim in state court?

Answer 9

Yes, but any remedies that are specific to Admiralty courts will not be available in state court

Question 10

Federal courts have subject matter jurisdiction to review the state court conviction of a prisoner through what?

Answer 10

A writ of habeas corpus where the challenge is the confinement of a prisoner on federal constitutional grounds

Question 11

A petition for a writ of habeas corpus is a civil cause of action that is brought against who?

Answer 11

The jailer or custodian of a person currently in confinement

Question 12

Is a writ of habeas corpus appealable?

Answer 12

No

Question 13

Does a writ of habeas corpus continue the criminal case against the prisoner?

Answer 13

Not at all, it just challenges the confinement of the prisoner

Question 14

Does a writ of habeas corpus make a determination of the prisoners guilt or innocence?

Answer 14

No

Question 15

What are the grounds that a petition for a writ of habeas corpus can be based on?

Answer 15

Dash violation of the due process clause
– violation of the prohibition of compelled self-incrimination
– violation of the protection against double jeopardy
– violation of the right not to be subject to cruel and unusual

Question 16

Before a prisoner can seek a writ of habeas corpus from a federal court, what must he do?

Answer 16

Exhaust all remedies available at the state level

Question 17

What is the time period within which you can bring a writ of habeas corpus?

Answer 17

Within one year of the final judgement of custody

Question 18

If a suit is based on a contract or statute that allows a winning party to collect attorneys fees, can those be included in the amount in controversy for diversity jurisdiction?

Answer 18

Yes, but otherwise the limitation is $75,000 exclusive of costs and expenses

Question 19

If the amount in controversy for a suit is exactly $75,000, does that meet the diversity jurisdiction requirement?

Answer 19

No, the amount in controversy must be more than $75,000

Question 20

What is the standard for when a diversity jurisdiction so it will be dismissed because of the amount in controversy?

Answer 20

It will be dismissed if it appears to a legal certainty that the plaintiffs claim does not exceed $75,000

Question 21

Who has the burden with regard to the amount in controversy for diversity cases?

Answer 21

The defendant has the burden to prove that the amount in controversy is not more than $75,000

Question 22

What is the split in authority regarding how the amount in controversy is determined for diversity jurisdiction?

Answer 22

– Majority rule [plaintiffs viewpoint rule]: determined according to the amount sought by the plaintiff
– minority rule [either viewpoint rule]: determined by the value of the consequences which MAY result from the litigation

Question 23

Can a plaintive meet the amount in controversy requirement by combining or aggregating the total claims against the defendant?

Answer 23

Yes

Question 24

Can claims against multiple defendants the aggregated to meet the amount in controversy requirement for diversity jurisdiction?

Answer 24

Only if the claims are common and undivided

Question 25

If there are multiple plaintiffs in a diversity jurisdiction suit, what is required with regard to the amount in controversy?

Answer 25

At least one plaintiff must claim over $75,000. Federal courts have supplemental jurisdiction over claims of other plaintiffs that do not meet the AIC as long as at least one plaintiff does satisfy it

Question 26

If a suit seeks an injunction, what is the amount in controversy if the suit is in diversity?

Answer 26

Either the injunction’s worth to the plaintiff or the cost of the injunction to the defendant

Question 27

What is the complete diversity requirement for diversity jurisdiction?

Answer 27

The suit must involve citizens of different states. There’s no diversity jurisdiction if any plaintiff and any D share citizenship of the same state

Question 28

When is diversity jurisdiction determined?

Answer 28

Only at the time that the suit is filed

Question 29

If a defendant moves after a diversity jurisdiction suit is filed and he goes to the same state that the plaintiff lives in, does that destroy diversity?

Answer 29

No, because diversity must be met him at the time the suit is filed, so moving later does not destroy diversity

Question 30

If a diversity jurisdiction complaint is later amended or a party is added or dismissed, can that affect jurisdiction?

Answer 30

Yes

Question 31

If someone lives in Alabama, is registered to vote there, has a car registered there and owns a home there, but then takes a long term work assignment in Texas, always intending to move back to Alabama, where would that person’s domicile be?

Answer 31

In Alabama because domicile requires a physical presence in the state and the intent to remain in that state in definitely. Here, even though the person works in Texas, she does not intend to stay there indefinitely

Question 32

What is an alien?

Answer 32

A citizen of a foreign country

Question 33

If an alien is admitted to permanent residence in the United States, what does that mean?

Answer 33

He has a green card and so he’s a citizen of the state where he is domiciled

Question 34

Is diversity proper if a permanent resident alien is a resident of the same state as the person he is suing?

Answer 34

No, because he is considered to be a citizen of the state where he is domiciled

Question 35

Is diversity jurisdiction proper when the suit involves an alien on one side and an alien and a citizen on the other side?

Answer 35

No

Question 36

Where is a corporation a citizen of?

Answer 36

The state or country of incorporation and the state or country where it has its principal place of business

Question 37

Is it possible for a corporation to have more than one principal place of business?

Answer 37

No

Question 38

What is a principal place of business for a corporation?

Answer 38

The place where it has its nerve centre or the place where it’s high-level officers direct, control, and coordinate the corporations activities

Question 39

If a corporation is incorporated in Delaware and has its principal place of business in New York and sues A competitor that has its principal place of business in New Jersey and is incorporated in Delaware, would there be diversity jurisdiction?

Answer 39

No, because of the Delaware overlap

Question 40

Where is the citizenship for an unincorporated association (like a partnership or limited liability company)?

Answer 40

Where all of the members of the association have citizenship

Question 41

For class actions that involve an unincorporated association, how is citizenship determined?

Answer 41

The association is a citizen of the state that it is organized under and of the state where it has its principal place of business

Question 42

What is the complete diversity exception for class actions?

Answer 42

As long as the class has over 100 people and the amount in controversy exceeds $5 million, diversity only has to be minimal. This means that jurisdiction exist if any single member of the class is diverse from any single defendant

Question 43

What are the two situations when a federal court will decline jurisdiction even when the requirements for diversity are met?

Answer 43

– Probate exception: federal courts will not exercise jurisdiction over probate matters like the validity of a will or administration of an states
– family law exception: federal courts will not exercise jurisdiction for family law matters like divorce, child custody, or child support

Question 44

What is necessary in order for supplemental jurisdiction to apply?

Answer 44

I state law claim can piggyback on a claim over which a court has original jurisdiction. This is only available over a claim if the claim arises out of the same transaction or occurrence as a claim over which the court would have federal question or diversity jurisdiction

Question 45

What is an example of when supplemental jurisdiction would be proper?

Answer 45

If you were injured by being wrongfully arrested by police officer, federal courts have jurisdiction to hear this claim because of the violation of federal constitutional rights. They would also have supplemental jurisdiction to hear a battery claim because it arose out of the same incident

Question 46

In a diversity case we are supplemental jurisdiction is being exercised over the claims of a party other than the plaintiff, if the only reason that the other parties claims don’t qualify for diversity jurisdiction is because they do not meet the AIC, what happens?

Answer 46

Supplemental jurisdiction can be exercised

Question 47

In a diversity case, can the court exercise supplemental jurisdiction over claim by a plaintiff that is proposed to be joined under compulsory joinder or claim by plaintiff seeking to intervene?

Answer 47

No

Question 48

In a diversity keys can a court exercise supplemental jurisdiction over claims by plaintiffs against people that are made parties to the suit under impleader or permissive joinder?

Answer 48

No

Question 49

If non-diverse parties are joined to a case and there is no supplemental jurisdiction to hear their claims, what can the court do?

Answer 49

Dismiss only the claims of the non-diverse parties

Question 50

What are situations when claims that are arising out of the same TNO are trying to be properly brought for supplemental jurisdiction, but the court still can decide to decline supplemental jurisdiction?

Answer 50

– If the state law claim raises a novel or complex issue of state law
– if the state law claim substantially predominates over the other claim
– if the court has dismissed all the claims that it has jurisdiction over
Dash an exceptional circumstances if there are other compelling reasons to decline jurisdiction

Question 51

Removal is only an option for who?

Answer 51

Defendants

Question 52

If removal is based on diversity, what is necessary?

Answer 52

All of the defendants must be diverse from the plaintiff

Question 53

What is the fraudulent joinder rule?

Answer 53

The right to removal will not be defeated if the defendant was fraudulently joined just to defeat diversity and prevent removal

Question 54

What does the party that claims fraudulent joinder have the burden to prove?

Answer 54

• that there is no possibility that the plaintiff would be able to establish a cause of action in state court, or
  – that there was outright fraud in the plaintiff’s pleading

Question 55

If removal is based on diversity, when is diversity needed?

Answer 55

Both at the time that the original claim was filed and at the time when the notice of removal was filed

Question 56

If someone is a New York resident and file suit against the defendant who is also a New York resident in a New York State Court, but then two weeks later the defendant moved to Florida and gets residency there, can the defendant have the suit removed?

Answer 56

No, because diversity must exist at the time of filing and the time of removal

Question 57

What is the procedure for removal?

Answer 57

Dash defendant must file a notice in the federal district court in the district in which the action is currently pending
– defendant must include A copy of all the pleadings served on the defendant
– definite must notify all adverse parties
– defendant must file a copy of the notice with the state court
– then the state court must perceive no further
– the federal court will decide if removal is proper
– if it is not, the federal court will remained the action back to state court

Question 58

What is the time period for removal?

Answer 58

The defendant gets a 30 day period from the date of service of the initial pleading to remove to federal court

Question 59

How does removal work if the complaint is later amended?

Answer 59

If it was amended to add a different defendant, then that defendant has 30 days to decide if he wants to remove. If the other two defendants want to join at that point in the removal, they can

Question 60

If a case is removed on the basis of diversity, what is the time period for removal?

Answer 60

It must be removed within one year of the commencement of the action being filed

Question 61

What is the one time that the timing for removal can be relaxed?

Answer 61

If the plaintiff acted in bad faith to prevent the defendant from removing

Question 62

What is the venue for a removed case?

Answer 62

The district court where the state court is located

Question 63

What types of cases is removal allowed for?

Answer 63

Only state court cases. Agency or administrative proceedings cannot be removed to federal court

Question 64

If a plaintiff believes that a case was improperly removed to federal court, what kind of plaintiff do?

Answer 64

Bring a motion to reman the case to state court

Question 65

If the plaintive wants to make a motion to reman the case back to state court because the plaintiff believes that the removal was improper, what is the timeframe to do that?

Answer 65

The motion to reman must be made within 30 days after the filing of the removal notice

Question 66

If a plane to believe that removal was improper and makes a motion to reman the case back to state court, who has the burden?

Answer 66

The defendant has the burden to show that the removal was proper

Question 67

What is territorial jurisdiction?

Answer 67

The authority of a court to bind a party to the action

Question 68

What are the three ways to establish territorial personal jurisdiction?

Answer 68

Dash the federal court has territorial jurisdiction over the state in which the federal district is located
– a federal statute that creates a cause of action may provide the federal courts have nationwide jurisdiction
– the “ 100 Mile Bolt and quote rule says that a federal court may exercise jurisdiction over a dependent outside the state where the cord is located if the dependent is joining under rule 14 or 19 and it served with an a judicial district not more than 100 miles from where the summons was issued

Question 69

What are the three types of personal jurisdiction?

Answer 69

• in personal jurisdiction
  – in rem jurisdiction
  – quasi-in rem jurisdiction

Question 70

What is personal jurisdiction?

Answer 70

The court’s authority over a defendant

Question 71

Person jurisdiction must be establish separately for every who?

Answer 71

Defendant

Question 72

What is the difference between in personam, in REM, and quasi-in REM jurisdiction?

Answer 72

• in personam: over the parties
  – in rem: over the property that is the subject of the action
  – quasi- in rem: over property that is attached to satisfy the judgement in an action

Question 73

A state court can exercise personal jurisdiction over an out-of-state defendant if what?

Answer 73

If authorized by the state long arm statute. These statutes put limitations on the states ability to establish personal jurisdiction by setting out the types of contacts they will support jurisdiction

Question 74

What are the types of contacts that will support jurisdiction for a state long arm statute?

Answer 74

– Defendant transacts business in the state
– D contracts to supply goods and services in the state
– the defendant owns, uses, or possesses real property in the state

Question 75

If I stay authorizes personal jurisdiction to the full extent of the 14th amendment, what do you need to do on an essay?

Answer 75

Just determine whether personal jurisdiction over particular defendant is permissible under the constitution. If it is, then both state law and constitutional law are satisfied

Question 76

When will a state law be considered constitutional with regard to the authorization of personal jurisdiction?

Answer 76

If it authorizes personal jurisdiction for one of these categories:
– residency
– consent
– service
– minimum contacts
– substantial business

Question 77

How can you consent to personal jurisdiction?

Answer 77

– Expressly: like through a choice of forum clause in the contract that you signed
– state law providing that non-residents that engage in certain activities have person jurisdiction: like driving on public roads
– the party can waive his objection to personal jurisdiction by appearing in court and not making a motion to dismiss for lack of PD

Question 78

If a defendant appears before the court just to contest jurisdiction, has he waived his objections to lack of personal jurisdiction?

Answer 78

No

Question 79

What are two situations when being served with process in the estate would not count as a constitutional basis for personal jurisdiction?

Answer 79

– If you were coaxed by the defendant into the state under false pretenses
– if you were only in the state to participate in a legal proceeding

Question 80

What are the three conditions must be satisfied to have minimum contacts for personal jurisdiction?

Answer 80

– The defendant must have established a minimum contact with the forum state
– the claim must be related to that contact
– jurisdiction must not offend traditional notions of Fairplay and substantial justice

Question 81

What are some typical ways that you can create minimum contacts with a state for personal jurisdiction?

Answer 81

– Cause harm in the states
– do business in the state
– have real property in the state

***define it doesn’t have to be in the state to cause the harm, do the business, or have the property as long as the contact with the state was purposefully established

Question 82

What does it mean for a defendant to purposefully avail himself of the privilege of doing activities with a forum state for minimum contacts?

Answer 82

He did actions that were directed towards a particular state and purposely involved himself in transactions within the state where he received the benefits and privileges of that state laws, so it would be fair and reasonable that he would expect to be held in the court in that state to defend an action

Question 83

If you just put a product into the stream of commerce is that enough for purposeful availment for minimum contacts?

Answer 83

No

Question 84

If a defendant has minimum contacts with the forum state, what is the Bird and the bears?

Answer 84

He must prove that it would be fundamentally unfair for him to litigate in that state

Question 85

What are the five factors that are used to determine whether it is fair to require the defendant to litigate in a forum state for personal jurisdiction?

Answer 85

– Burden on the defendant
– interests of the forum State
– the plaintiffs interest in getting relief
– the interstate judicial system’s interest in efficiency
– shared policy interest of the states

Question 86

If the court is going to reject personal jurisdiction on the basis of fairness, what is required?

Answer 86

The burden on the defendant is quite substantial

Question 87

What is required for someone to be held to have been doing substantial business in a state so that personal jurisdiction is allowed through those minimum contacts?

Answer 87

The defendant must be engaging in a business activity in a particular state so significantly that he is essentially at home in that state

Question 88

Is it possible for a company to be considered “essentially at home” in more than a couple of states to provide for substantial business for minimum contacts for personal jx?

Answer 88

No

Question 89

What is in rem jurisdiction?

Answer 89

This is based on the interests of a particular piece of property or a thing that is located in the forum state (jx to quiet title to a piece of prop in the state). Courts can exercise in rem jurisdiction when:
- there is real or personal property of value located in the state
- the court seizes the item
– the owner of the property got proper notice

Question 90

A court’s in rem jurisdiction cannot begin until what has happened?

Answer 90

The court has effective control of the asset

Question 91

What is quasi-in rem jurisdiction?

Answer 91

The court has this for actions that involve the attachment of real or personal property as part of the relief that is requested. These elements must be met:
– real or personal property of value located in the state
– the defendant owns the property
– the property is being attached or seized
– the defendant has been provided proper notice

Question 92

If a court entered a judgement against the defendant that it did not have constitutional personal jurisdiction over, what happens?

Answer 92

The judgement is void and not entitled to full faith and credit by another court

Question 93

How do you commence an action in federal court?

Answer 93

By filing a complaint with the court

Question 94

After a complaint is filed, what are the next things that have to happen?

Answer 94

– The plaintiff presents a summons to the clerk for signature and seal.
- If it meets the requirements, the clerk certifies it and issues it to the plaintiff for service on the defendant

Question 95

What is a summons?

Answer 95

A court document that informs the defendant that a complaint was filed and that he must respond to it or be held in default.

Question 96

What is a subpoena?

Answer 96

The process served to compel the attendance of witnesses

Question 97

What are the requirements for a summons?

Answer 97

Dash must be signed by the clerk
– identify the court and the parties
– be directed to the defendants
– state the name and address of the plaintiffs attorney or the plaintiff if he is unrepresented
– notify the defendant of the time. He has to appear in or file an answer in, and that if he fails to appear there could be a default judgment
– have the seal of the court

Question 98

Service of process requires what two things?

Answer 98

The summons and a copy of the complaint have to be served at the same time on the defendant. If that doesn’t happen, then the process is not complete

Question 99

Service of process must occur within what period of time of filing the complaint?

Answer 99

90 days

Question 100

Service is effective if it happens so long as what?

Answer 100

The server is 18 or older and not a party to the suit

Question 101

If the defendant is a natural person, what are the ways that service can happen?

Answer 101

Dash personal delivery to him
– leaving it at his usual place of abode with a person of suitable age and discretion who lives there
– serving the defendants registered agent

Question 102

If you request a waiver of service of process, what must you do?

Answer 102

– Put it in writing and addressed to the defendant or if it is a corporation to the officer, manager, or authorized agent
– send through first class mail or other reliable means
– include a copy of the complaint
– identify the court word is filed
– tell the defendant the consequences of waving and not waving service
– save the date it is sent
– give a reasonable time to return the waiver, which is at least 30 days after the request, or 60 days if the defendant is outside of United States
– give an extra copy of the request and prepaid postage

Question 103

If the plaintiff has requested waiver of service from the defendant, he has a duty to waive service unless what?

Answer 103

Dash he is a minor or incompetent
– he is the United States or an agency of the states
– he is a state, local, or foreign government

Question 104

What would be considered a good cause for a defendant not to waive service of process?

Answer 104

If he didn’t receive the waiver request

Question 105

What is the difference between subject matter jurisdiction, personal jurisdiction, and venue?

Answer 105

• Subject matter: dictates whether a suit can be brought in the federal court system
  – personal jurisdiction: informed the plaintiff what states the suit can be brought in
  – venue: dictates the region in a particular state where a suit Kenek her

Question 106

Where is the residence of an entity for venue?

Answer 106

Dash if the entity is the plaintiff: venue is proper where the plaintive maintains its principal place of business
– if the entity is a defendant: when it is proper where the defendant is subject to personal jurisdiction
– if a corporation resides in a state with multiple districts: can use proper in the district that would’ve had personal jurisdiction over that corporation if the district had been its own state

Question 107

Where is the new proper for a non-resident alien?

Answer 107

In any judicial district

Question 108

If there is a case that has multiple defendants, and one or more of those defendants are non-resident aliens, how do you determine venue?

Answer 108

Just disregard the non-resident aliens when computing venue

Question 109

If a case is brought in an improper venue, what happens?

Answer 109

Dash the court can dismiss the case

– or in the interest of justice, can transfer the case to any district where venue could have been brought

Question 110

Does the federal court have the power to transfer a case to a foreign country?

Answer 110

No, so in that situation the case will be dismissed and the plaintiff can then file the action in an alternative forum

Question 111

What are the public and private interests that are weighed to determine whether to dismiss an action under forum non-conveniens?

Answer 111

Public interest:
Dash resolving disputes locally and not burdening local courts with distant disputes
– avoiding having to apply for in Law
– avoiding jury duty for a case that doesn’t have a substantial impact on the jersey community

Private interests:
– is it access to evidence still – cost of witness attendance at trial
– availability of compulsory process
- any other factors