MEE

Question 1

First things to check (3)

Answer 1

1. Call of the Q (generally points to specific issue; save knowledge of procedural details for MBE)
2. Are the pleadings proper? Notice pleading (P plausible claim), proper amendments, threshold defenses (12(b))?
3. Start with organized table of states, parties and their actions, and events given by facts

Question 2

MEE: Possibilities / points to know

Answer 2

1. First things to check (3)
2. Does the call require you to determine whether it is the proper court (whether there is jurisdiction or venue)
3. Are the parties and claims efficiently presented before the court?
4. Does the call ask about discovery documents and procedures?
5. 2 suits: do the facts mention a previous case or judgment? And is a similar claim or issue being asserted later?
6. Is someone trying to appeal?

Question 3

MEE: Does the call require you to determine whether it is the proper court (whether there is jurisdiction or venue)? Rules to run through

Answer 3

1. PJ
2. SMJ
3. Originally brought in state court?
4. State law available in diversity or supplemental case?
5. Venue proper?

Question 4

MEE: PJ

Answer 4

Authority over a particular D–analyze all:
1. Traditional bases (CPD) (D unlikely to meet)
2. State long-arm statute in facts? Statutory basis: Statute gives power over non-residents to extent constitutionally permissible. Sets up issue whether PJ meets constitutional requirements.
3. Constitutional basis: International shoe analysis - minimum contacts, relatedness, fairness

Question 5

MEE: SMJ analysis steps

Answer 5

At least one of three required for authority over the subject matter–analyze all:
1. FQJ
2. DJ: analyze citizenships of persons/corps; most time likely will be spent here
3. Supplemental jurisdiction: discretion to add another claim arising related FQ/DJ claim

Question 6

MEE: DJ Rule components

Answer 6

1. AIC
2. Citizenship, party 1
3. Citizenship, party 2

Question 7

MEE: DJ AIC rule

Answer 7

A court has diversity subject-matter jurisdiction over a state law claim if there is complete diversity of citizenship between the adverse parties and the amount in controversy is greater than $75,000. The amount in controversy will be satisfied if it is claimed in good faith. A court will determine its sufficiency
by looking at the face of the complaint, unless it is clear to a legal certainty that the plaintiff could not be awarded in excess of $75,000 (exactly $75,000 is not enough).

Question 8

MEE: DJ individual citizenship rule

Answer 8

For an individual, state citizenship means domicile—the one state where a person both (1) physically resides and (2) intends to remain indefinitely. Domicile is not a synonym for residence; a residence can be temporary, but a domicile is not. There is no minimum residency time requirement to establish domicile. Factors that courts consider in determining if a person has established a new domicile include: (1) participation in political process (i.e., voting), (2) property ownership and licensure, (3) degree of involvement in community activities, and (4) declarations of permanent residence on official filings such
as taxes. Once established, a domicile continues unless and until a new one is shown to have been established by clear and convincing evidence.

Question 9

MEE: DJ corporate citizenship rule

Answer 9

Corporations are domiciled (1) where they were incorporated, and (2) where their principal place of business is located – where principal officers control corporate activities, also known as a corporation’s “nerve center.”

Question 11

MEE: originally brought in state court?

Answer 11

Removal: only D can remove to federal court. Was there MJ (either FQJ or DJ)?

If removal was improper: remand (mandatory/discretionary)

Question 12

MEE: Is there state law available in a diversity or supplemental case?

Answer 12

Analyze Erie doctrine

Question 13

MEE: Is venue proper?

Answer 13

If not, must transfer or dismiss. If so, may transfer or dismiss or dismiss/stay for forum non conveniens.