MBE Civil Procedure Flashcards
Personal Jx – Personal Jurisdiction (Overview)
Personal Jx – Personal Jurisdiction (Overview)
Personal Jurisdiction involves the courts ability to exercise authority over parties or their property, binding them to the judgment of the court.
Jurisdiction must be STATUTORILY AUTHORIZED and CONSTITUTIONAL
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STATUTORILY AUTHORIZED–An applicable state law must authorize jurisdiction (Long Arm Statute)
- Presence @ time of service
- Domicile
- Consent to jurisdiction
- Long Arm Statute
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CONSTITUTIONAL-Jurisdiction must satisfy due process
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Minimum Contacts--D must have minimum contacts with the forum state
- Purposeful availment
- Foreseeability (could be hauled into court)
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Relatedness
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Specific Jx -
- Current cause of action ⇒ long arm statute.
- P’s claim must be related to D’s (purposeful) contact with forum state
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General Jx -
- All causes of action ⇒ domicile or “at home” or “principal place of business”
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Specific Jx -
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Fairness
- <em>Should not offend traditional notions of fair play and substantial justice</em>
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Minimum Contacts--D must have minimum contacts with the forum state
Personal Jx – In Personam Jurisdiction
In personam jx is jx over persons.
A court may render judgment (money or injunction) against an individual personally.
In personam jurisdiciton is based on a person’s contacts with the forum state
Personal Jx – In Rem Jurisdiction
In rem jx is jx over property or status, including ownership disputes.
The property must** be **physically located** in the **forum state.
Judgment is binding as to the disposition of property rights or status, not as to parties personally
This often involves estate issues, business proceedings, or property disputes
Personal Jx – Quasi In Rem Jurisdiction
Quasi in rem jx is jurisdiction where Property is Attached to the Person…
The property is attached for some reason not necessarily involving the property itself (e.g. action against D and his assists due to fears D will flee state).
The court may render judgment as to persons with respect to property
Personal Jx – STATE Statutory Limits on Personal Jurisdiction
State laws often determine when courts may exercise jx. Most state statutes grant in personam jx if either:
D is personally served in the forum state.
- Duration of D’s presence is irrelevant
D is domiciled in the forum state.
- Domicile means the D maintains permanent home in the forum state.
- Court can exercise jx over domiciled persons even if they are not physically present when served
(3) D consents to jx (can be express or implied)
(4) D’s acts fall within the state’s long-arm statute (LAS)
- * A general/unlimited LAS confers states’ courts with jx to the extent allowed by the Const. *
- A limited/enumerated LAS specifies when state courts can exercise jx
Personal Jx – Constitutional Limits on Personal Jurisdiction
To be subject to PJ, D must have
minimum contacts
with the forum state
that exercising jx does not offend traditional notions of fair play** and **substantial justice
Personal Jx – Minimum Contacts
D must have sufficient minimum contacts with the forum state the inquiry focuses on (1) purposeful availment and (2) foreseeability
Purposeful Availment–D must purposefully avail herself of the forum states’ laws and protections (e.g. using roads, doing business instate, etc.)
Foreseeability– D must know or reasonably anticipate she could be held accountable for her activities in the forum state
- Circumstances that give rise to sufficient contacts:
- (1) D is domiciled in the forum state
- (2) D is present in the forum state when served with process (but not tricked into coming into the forum)
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May (not certain) = Minimum Contacts
- Website (interactive, business oriented more likely to be min contact)
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Goods in Stream of Commerce -
- Reasonably Expect Consumers to Purchase Products in Form = Min Contacts
- Mere awareness that Component Parts could reach forum as Part of Another Product = NO Min Contacts
Personal Jx – Minimum Contacts – General Jurisdiction
Personal Jx – Minimum Contacts – Specific Jurisdiction
Personal Jx – Fair Play & Substantial Justice
Due process requires that, assuming D has minimum contacts with the forum state, exercise of jx must not offend traditional notions of<strong><em> <u>fair play & substantial justice</u>. </em></strong>
Factors (1) relatedness of contacts & claim, (2) convenience, (3) the state’s interest,
Relatedness of Contacts & Claim– Analyzes whether D’s contacts with the forum state gave rise to the claim.
- This can happen in one of two ways, either specific jx or general jx.
- * General jx claims do not arise from D’s contact with the forum state. Rather D must have systematic and continuous contacts with the forum state (e..g doing business, domiciled)
- *Specific jx claims arise from D’s in-state contacts
Convenience– Convenience analyzes whether jx in the forum would severely disadvantage D. The disadvantage to D must be so difficult that D is put at a severe disadvantage compared to P
State’s Interest - whether state has interest in providing redress for its residents or an interest in the outcome of case
Personal Jx – Notice Requirment
Due process requires that D must be sufficiently notified of a pending lawsuit. Notice must be reasonably calculated under the circumstances to apprise the interested parties of the pendency of the action and afford them an opportunity to be heard.
Traditional methods of notice such as personal delivery, registered mail, delivery to an appointed agent satisfy due process.
P need not deliver notice personally; can be given by a court-appointed agent or agent hired by P.
If P knows notice was not received by D (e.g. by mail), P cannot proceed if practical alternatives to giving notice exist
Service of Process: – Methods of Service of Process
A defendant may be served by:
Personal Service--Papers are given to D personally
Substituted Service–Process is left at D’s usual abode and serve someone of suitable age and discretion who resides there
Service on D’s Agent--Process can be delivered to D’s agent
OR
Any method permitted under state law where the federal court sits
Service of Process: – Service of Process
A defendant is entitled to notice that she has been sued.
Time: Service must be within 90 days of filing of the case. If not, the case is dismissed without prejudice, unless plaintiff shows good cause for delay.
Deliverer : Any nonparty who is over 18 years old can serve process.
Documents: Usually this consists of Together these two documents are called service of process.
- summons (formal court notice of the suit and time for response)
- and
- copy of the complaint.
Service of Process: – Waiver of Service of Process
Plaintiff may request that defendant waive service by mailing the complaint and two copies of a waiver form, with a prepaid means of returning the form.
If D DENIES REQUEST or DOESN’T RESPOND: plaintiff must serve through another acceptable method.
IF D AGREES TO WAIVE SRVCE: defendant extends her time to answer the complaint to 60 days from the date waiver request was sent (as opposed to 21 days).
- Waiving service does not waive the right to object to venue or jx
Service of Process: – Exceptions to Service of Process Requirements
D in state solely as a party or witness in another civil case, cannot be served
Subsequent papers filed with the court (e.g. answers, discovery requests) do not require formal service. They may be mailed or emailed (if party agrees).
- If mailed, recipient gets 3 extra days to respond
Subject Matter Jx – Subject Matter Jurisdiction (Overview)
Federal courts must have authority over the claim or controversy in question.
Federal courts are courts of limited jx, meaning they can only hear certain types of cases. Note: Unlike state courts which have general jx and can hear any kind of case
SMJ can NEVER be waived
SMJ can be raised at any time.
Subject Matter Jx – Diversity Jx
Federal courts have SMJ over controversies between
[citizens of different states] or [a citizen of a state and a citizen of a different country]
and the amount in controversy exceeds $75,000 ($75,000.01)
NOTE: Foreign Plaintiff and initiate suit against a Citizen Defendant
Subject Matter Jx – Diversity Jx: Complete Diversity
Diversity jx requires complete diversity between the parties meaning no plaintiff and no defendant reside in the same forum state.
Diversity is based on domicile at the commencement of the suit. A person may not relocate to defeat diversity.
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Citizen Domicile–A person’s domicile is determined by their
- physical residence and
- their intent to remain (work, votes, taxes, bank account, driver’s license)
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Corporations Domicile–A corporation has 2 domiciles:
- (1) their state of incorporation and
- (2) their principle place of business (PPB), where their corporate decisions are made, i.e. “never center” (usually corp. headquarters)
- Unincorporated Businesses (LLCs, LLPs, etc.)–Unincorporated businesses are citizens of all states which any partner or member is a citizen
Subject Matter Jx – Diversity Jx: Amount in Controversy
Plaintiff’s complaint must make a good faith allegation that the amount in controversy exceeds $75, 000, excluding interests and costs.
To dismiss for insufficient amount, there must be no legal possibility that recovery will exceed $75K .
The amount actually awarded is irrelevant.
Equitable Claims--Equitable relief such as an injunction can be added to the monetary claim to satisfy the AIC requirement.
- Courts look at the value of the harm caused. What is the value of the harm caused by D? OR
- How much would it cost for D to comply with the injunction or other equitable relief?
Aggregation of Claims–
- 1 P and 1 D - P can aggregate (add) all claims against a single D.
- Multiple Ps and 1 D - ONLY IF if P’s are seeking to enforce a single title or right in which they have a common, undivided interest
- * If there are multiple D’s claims cannot be aggregated
Subject Matter Jx – Supplemental Jx - DIVERSITY
Supplemental jx allows a federal court to hear additional claims that do not on their own meet diversity or FQ requirements. Federal courts have supplemental jx over all claims so related that they form the same claim or controversy.
Each additional claim must have a common nucleus of operative fact arising from the same transaction or occurrence.
A court may deny supplemental jx where:
- It raises novel or complex issues of state law
- The supplemental claim dominates the main claim
- Court dismisses the original claim;
NOTE:
- Diversity Cases: Supplemental JX Does NOT Overcome lack of Diversity
- Fed Question Cases: Supplemental Jx DOES Overcome lack of Diversity
- Amount in Controversy: Can use Supplemental Jx to overcome
Subject Matter Jx – Federal Question Jx AND Federal Q Supplemental Jx
Federal courts have jx over claims arising out of the U.S. Constitution or the laws and treaties of the United States.
Exclusive Federal Jx–Federal courts have exclusive jx over certain types of claims, which must be heard in federal court:
1) Bankruptcy
2) Patent and Copyright
3) Federal Antitrust Claims
4) Postal Matters
Subject Matter Jx – Removal Jx
Who may remove
Timeline for removal
Parties and limitations of removal
D can remove a _case originally filed in state cour_t to federal court _if the federal court would have SMJ._
ONLY DEFENDANT** may **REMOVE and they must remove *within 30 days of service* (not filing) of the first paper that shows the case is removable.
- If there are multiple D’s then all who have been served with process must join the removal.
- D must remove to federal district ct in jurisdiction where case was filed
Filing: In order to remove a case, D must file a “notice of removal” in federal court, stating grounds for removal, which means federal SMJ (diversity or FQ).
D makes copies of all documents served in the state action and serves the copy of “notice of removal” on adverse parties and then files a copy of the notice with the state court.
Subject Matter Jx – Removal Jx ——-> Removal Limitations in DIVERSITY CASES
Diversity Jx Limitations--If a D is removing a case based on diversity jx, they _may not remove_ the case if:
- P filed suit in any Ds home state (if later in state D’s case is dropped the case may become removable 30 days after dismissal, unless its been over a year)
OR
- 1 Year after CASE FILED in State court, unless the court finds that Plaintiff acted in bad faith
Subject Matter Jx – Removal Jx ——-> Removal Limitations in Federal Question Cases
Subject Matter Jx – Erie Doctrine and Federal Court Choice of Law – GENERALLY
In DIVERSITY cases, federal courts must apply state substantive law, but federal procedural law.
Subject Matter Jx – The Erie Doctrine Analysis
In DIVERSITY cases, federal courts must apply state substantive law, but federal procedural law.
ANALYSIS: Is there a valid federal law (e.g. Const., statute, federal rule) that is on point and directly conflicts with state law? *
- If YES —> apply the federal law as long as it’s valid
- If NO federal law is on point, use following tests to determine whether “substantive.”
- Outcome Determinative. Application of state/fed law influence outcome?
- Balance Interests. Balance interests of states vs feds in applying their laws. Does state have greater interest?
- Forum Shopping. Does it encourage forum shopping (litigants flock to fed ct to avoid state law - this is bad)?
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NOTE: Four issues that will always be “substantive”:
- a) Elements of a claim or defense
- b) State Statute of Limitations
- c) Rules for Tolling Statue of Limitations
- d) Conflict (or choice) of law rules **
Venue – Venue Overview
Venue involves the determination of FEDEREAL judicial district(s) in which a Plaintiff may bring suit.
Venue proper in CIVIL ACTIONS where:
- Any D resides
- Any D subject to PJ
- Claim Arose
- Property Situated
Venue - Scenarios - if Venue based on Diversity vs Federal Question
Venue – Venue - Residency for Venue Purposes (people, corps, aliens)
People - Domicile
Business - all districts subject to PJ when the action commenced this is must broader than principal place of business test
Unincorporated Association - location of the actual association itself not individual members
Aliens - Anywhere
Venue – Transfer of Venue
A federal district court may transfer a case to another federal district court if the the transferee district is one in which the case could have originally been filed (i.e. proper venue, PJ and SMJ).
Transfer is discretionary, the court may order transfer based on convenience of parties and witnesses, and /or the interests of justice.
- The court’s discretion is based on private and public factors showing that the transferee court is the center of gravity (i.e. where it should be).
- * Public factors include things like what law applies, what community should be burdened with jury service, etc.
- * Private factors include convenience (e.g. location of witnesses and evidence)
The transferee court applies choice of law rules of the original court, regardless of which party sought transfer.
- Exception: Transferee court will apply its own laws if original venue was improper
Venue -Dismissals and Forum Non Conveniens
If there is a far more appropriate court in which a case should be heard (e.g. separate judicial system, foreign country, etc.) the court in which the case was filed may decline to exercise its jx.
The court will either
- (1) stay the proceeding or
- (2) dismiss the case.
The decision is based on the same public and private factors as for transfer of venue (i.e. convenience, applicable law, etc.)
Pleadings and Motions – Complaint
The complaint must contain
- a short and plain statement of grounds of subject matter jx,
- a short and plain statement of the claim, showing entitlement to relief, and
- a demand for relief sought (e.g. damages, injunction, declaratory judgment)
Statement of the Claim– Federal courts use a “notice pleading” which means
- only need to plead enough detail to put the other side on notice
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Pleaded Facts Must Support PLAUSIBLE claim.
- To determine plausibility, the judge uses her own experience and common sense.
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Claims that must be pleaded with PARTICULARITY including:
- (1) fraud or mistake,
- (2) special damages, and
- (3) judgments or official documents upon which pleading party will rely
Note: Defendant can challenge a complaint by making a Rule 12(b)(6) Motion
PreANSWER Pleadings and Motions – Rule 12 Motions AND Timing Implications
Rule 12 requires a D to respond in one of two ways: (1) by answer or (2) by motion.
PREANSWER Motions
- Motion to Dismiss
- Motion to Strike
- Motion for More Definitive Statement
- Motion for Judgment on the Pleadings
PREANSWER Motions
- Motion to Strike
- Motion for More Definitive Statement
Rule 12 requires a D to respond in one of two ways: (1) by answer or (2) by motion.
PREANSWER Motions
- Motion to Strike
- Motion for More Definitive Statement