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Civil Procedure > PJ, SMJ and Venue > Flashcards

PJ, SMJ and Venue Flashcards

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Civil Procedure 1L flashcards
1
Q

qualifications for QIR

A

1) suit not related to property

2) minimum contacts still required (Shaffer/Burnham)

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2
Q

what did Hertz bring to the table (1332)?

A

“nerve center” is where the corp. is incorporated or headquartered

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3
Q

4 traditional bases

A

1) tag jurisdiction (Burnham)
2) Agent served in forum (Hess)
3) Domicile (mas v. Perry)
4) consent (openly, willingly, intentionally, inadvertently, contractually) (Carnival, Hess)

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4
Q

what type of statutes can there be granting PJ?

A

1) long arm enumerated

2) constitutional max

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5
Q

what is a constitutional max statute?

A

wordy and general broad applicability of what is constitutionally allowed

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6
Q

when does 1367(c) allow courts to decline supp jur?

A

1) claim arise from a novel or complex issue of state law
2) claim substantially predominates over the claim over which the Dis. court has original jur
3) district ct has dismissed all claims over which it has original jur.
4) in exceptional circumstances (compelling reasons for declining jur) (never really allowed to be used)

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7
Q

what is a limited appearance?

A

D challenges QIR to defend interest in property

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8
Q

what did J. McIntyre bring to the table?

A

“selling a product through a third party is not sufficient to establish minimum contacts”

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9
Q

what did AFA tours bring to the table (1332)?

A

court MUST give P opportunity to prove that AIC is met. Case is still valid, even if the end damages are less than 75k

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10
Q

types of purposeful availment

A

1) unilateral act is not purposeful availment (Hanson)
2) If it’s a company calder effect test: as long as the contact was intentionally aimed and felt in the forum state it can exercise PJ over D
3) if it’s a company: stream of commerce (foreseeability that D would be haled into court)

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11
Q

what did World Wide bring to the table?

A

1) purposeful availment in the forum creates a reasonable anticipation that the D can be haled in to court.
2) sufficient interests of the P, D and state

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12
Q

what is the split in Asahi/McIntrye?

A

1) putting product into stream of commerce. Reasonable to anticipate product getting into other states
2) you need the above and an intent to serve in that state (ads, agents, employees)

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13
Q

when can multiple plaintiff NOT aggregate against 1 Def.?

A

if claims do NOT come from a single aggregated harm stemming from single undivided interest

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14
Q

what is a federal venue provision 1391(c)(3)

A

non US citizens can be sued in ANY judicial district and are disregarded if there are multiple def.

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15
Q

what are some challenges to SMJ?

A

1) domestic cases (family law is usually a state matter)

2) probate cases (Marshall v. Marshall)

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16
Q

what did helicoperteros bring to the table?

A

issue framed similarly to Perkins, but the outcome was the opposite (no PJ on the corp)

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17
Q

what are the rules of alienage jurisdiction?

A

1) a foreign citizen cannot invoke alienage jur. in a suit against another foreign citizen
2) a foreign citizen CAN invoke Alienage jur. if the suit also includes USC on both sides when they are foreign citizens on both sides

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18
Q

if you have high frequency of contact but low relation to forum what do you get?

A

questionable PJ

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19
Q

what are the 5 prongs of fundamental fairness from Worldwide and Asahi?

A

1) P’s interest (obtain convenient and effective relief)
2) D’s interest (litigation grossly inconvenient and unfair violating the 14th amendment (due process). Burden of proof (Asahi)
3) forum state’s interest (protecting residents)
4) Interstate interest (efficient resolution, witnesses, evidence)
5) share interest of state (Policy/Kulko)

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20
Q

examples of general jurisdiction

A

1) jurisdiction only over incorporation and principle place of business (HQ) (Daimler)
2) Place of tort is up to the state statute to decide (Gray, Goodyear)

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21
Q

1367

A

Supplemental jur

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22
Q

1391

A

Venue

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23
Q

if a case is filed laying venue in the wrong division or district what should happen?

A

it should be dismissed

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24
Q

under 1332, how is complete diversity between parties established?

A

state where parties are domiciled

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25
Q

what is the transferor?

A

court where is came from (OG)

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26
Q

what type of SMJ do federal courts have?

A

limited

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27
Q

characteristics of AIC (1332)

A

1) must be good faith (clear to legal certainty that P can’t recover what they’re demanding)
2) at time P files, they must be in good faith to be able to meet AIC
3) P getting less than they claimed is not a problem

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28
Q

when is a venue proper?

A

1) substantial part of claim arose 1391(b)(2)
2) anywhere where ALL def resides 1391(b)(1)
3) any jur where the D is subject to PJ 1391(b)(3)
(FALLBACK almost never applies b/c only applicable when no district in the US that will meet 1 and 2)

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29
Q

what are the characteristics of Mottley (1331)

A

1) well-pleaded complaint (fed question MUST arise from P’s complaint and COA)
2) overturns Osborn
3) A WELL-PLEADED COMPLAINT IS NOT DEFENSES OR RESPONSES TO ANTICIPATED DEFENSES

30
Q

what type of jurisdiction do state courts have?

A

general (Article III, section 2)

31
Q

what did Perkins bring to the table?

A

continuous, substantial relationship with the forum

32
Q

what did Klaxon bring to the table? (transfer)

A

1) fed ct. should turn to the state choice of law that the transferor would apply
20 the transferee court should apply state choice of law of the transferor ct unless the transferor ct was an improper venue

33
Q

if you have low frequency of contact and low relation to forum what do you get?

A

no PJ

34
Q

what is a collateral attack?

A

challenging judgement from 1st case, based on lack of PJ, merits cannot be argued.

35
Q

what did Shaffer bring to the table?

A

all assertions of jurisdiction must be evaluated with International shoe (minimum contacts required for QIR)

36
Q

ways to get purposeful availment as a company

A

1) reached out to the forum state
2) used forum resources
3) aimed at forum state

37
Q

what did Harris v. balk bring to the table?

A

collateral attack of QIR

38
Q

if you have low frequency of contact and high relation to forum what do you get?

A

PJ

39
Q

1331

A

federal question

40
Q

what is the transferee?

A

court where it will go

41
Q

characteristics of Gray (4)

A

1) ONLY BINDING IN ILLINOIS
2) Ohio corps are held liable for tort committed in Illinois.
3) long-arm statute
4) “last place of action if where tort was committed”

42
Q

what did Goodyear bring to the table?

A

D MUST be so fundamentally at home in the forum state that the relatedness b/t contacts and COA is essentially irrelevant

43
Q

what did Burger King bring to the table?`

A

1) contact factor: relevant contact reflects purposeful availment
2) fairness factor: mere inconvenience does not constitute unfairness
3) it it would be unconstitutional to litigate in the forum, then the forum is unfair

44
Q

what is it too late to mitigate venue?

A

if a party does not interrupt with a timely and sufficient objection to venue

45
Q

when can you aggregate claims?

A

1 plaintiff can aggregate against 1 Defendant whether related transactionally or not

46
Q

qualifications for In Rem

A

1) jurisdiction over property related to COA

2) property MUST be attached at commencement of suit

47
Q

how does 1367(b) cut back on supp jur?

A

1) claims by plaintiffs against parties joined under 14,19,20 and 24) are restricted from supp jur
2) plaintiffs joined under rule 19, supp jur is restricted

48
Q

what did Asahi bring to the table?

A

1) “mere awareness of the potential profit does not suffice as minimum contact”
2) “regulatory interest of the forum state”
3) purposeful availment = purposeful direction

49
Q

what cases are associated with federal question (1331)

A

1) Osborn (federal ingredient – defenses count as a fed ingredient” “arising under”)
2) Mottley - overturns Osborne

50
Q

what can be used to challenge PJ?

A

1) special appearance
2) limited appearance
3) collateral attack

51
Q

what are the Flags of Lacks v. Lacks (SMJ)?

A

1) a judgment rendered without SMJ is void
2) issue that D was alleging did have anything to do with SMJ
3) no collateral attack on jur when there no issue of SMJ

52
Q

if P1 mets div. jur and then another P is added but does not meet AIC, can they join?

A

only under supplemental jur

53
Q

when can supplemental jur be used?

A

when the claim is property in fed court but there is a claim that doesn’t meet the requirements (state law claim, claim that does meet AIC) on its own.

54
Q

what did International shoe bring to the table?

A

1) broadened the scope of Pennoyer
2) presence was established though defendant’s in-state contacts
3) D MUST have systematic, continuous and sufficient contacts with forum state in order for PJ to be asserted

55
Q

what did Mas v Perry bring to the table? (1332)

A

1) wife is still domiciled in Mississippi

2) change in domicile test (change in residency and intent to stay there)

56
Q

types of specific jurisdiction (minimum contacts)

A

1) single contact (McGee/Gray)
2) continuous but limited (Burger King)
3) Unilateral act of a 3rd party (Hanson/Worldwide)

57
Q

what are the guidelines of 1404?

A

change of venue with respect to state law, should only be changing courtrooms (choice of law still used in new court, whatever law as going to be used in initial ct) (dissuades from forum shopping)

58
Q

what are the guidelines for transferring?

A

1) can transfer from one state ct to another state ct within the same state
2) Federal court to another fed court
3) MUST be in same judicial system

59
Q

what is a special appearance?

A

D challenges PJ w/o consenting to PJ

60
Q

when can district courts transfer civil actions to any other district or division?

A

1) where the suit could’ve been Brought

2) consent (all parties consented for it to be brought)

61
Q

what did McGee bring to the table?

A

1) “isolated and sporadic contact”
2) one contact within forum can be sufficient when it is highly relevant to the COA
3) sovereign state interests

62
Q

what did Strawbridge bring to the table (1332)?

A

complete diversity (no P and D can be from same state)

63
Q

P sues D1 for 40k and D2 for 40k is the AIC met?

A

NO: when single P joins claims against multiple Ds, they can only aggregate if D/P liability is undivided

64
Q

1332

A

diversity jurisdiction

65
Q

what did Hess bring to the table? (2)

A

1) maintained Pennoyer
2) consent to PJ when involved in dangerous activity in absence of traditional contacts (minimum contacts are required)
2) systematic and continuous relatedness

66
Q

can you aggregate claims of multiple PARTIES?

A

NO

67
Q

when does court grant supp jur (1367)

A

if it meets Gibbs (CNOF)

68
Q

if you have high frequency of contact and high relation what do you have?

A

PJ

69
Q

what is a long-arm enumerated statute?

A

reads like a laundry list, much narrower and addresses specific concerns the state wants to prohibit

70
Q

1446, 1404 and 1406

A

transfer

71
Q

what is an example of alienage jur?

A

Dred Scott - if an alien, deemed to be a citizen of state they’re domiciled in

Civil Procedure (8 decks)

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