PJ, SMJ, Venue Flashcards
Of what state is a person a citizen?
Where a resident: DOMICILE.
1) presence in state
2) intent to make it her home
Which state is a Corporation a citizen of?
1) any state Incorporated
2) PPOB (Nerve center)
When can you AGGREGATE claims to get the $75K amount in controversy for SMJ?
1) one P against ONE D
2) one P vs JOINT Tortfeasors
When does a case involve a “federal question?”
when ENFORCING A FEDERAL RIGHT.
complaint must show:
RIGHT or INTEREST founded substantially on a federal law.
–> “arises under” federal law.
Is there Federal Question jurisdiction when Sharon Stone sues Epstein for failing to build because, he claims, a federal environmental statute prohibits building there.
No. Must be ENFORCING A FEDERAL RIGHT.
This statute merely prohibits building – doesn’t GIVE any rights.
Generally, when can Supplemental Jurisdiction be used?
Once a federal case is ALREADY IN Federal court, can be used when there is a “COMMON NUCLEUS OF OPERATIVE FACT” (which is met by SAME TRANSACTION OR OCCURRENCE)
When can Supplemental Jurisdiction NOT be used?
To overcome a LACK OF DIVERSITY jurisdiction in a DIVERSITY case.
When MAY a Defendant Remove a case to federal court?
D may transfer a case from state to federal court (one-way street), when
- w/in 30 days after service of 1st paper
- all D’s who’ve been served must remove
What are the limitations on Removal?
For DIVERSITY cases, NO Removal:
1) If any D is a citizen of the forum (in-state D rule)
2) more than ONE YEAR after case was filed in state court.
What is the ERIE DOCTRINE?
In Diversity cases, federal courts must apply state SUBSTANTIVE law.
What method do you use to evaluate Erie Doctrine issues?
- Is there a Federal Law on point? (if so, apply Federal Law – Supremacy Clause)
- If no federal law, is it a SUBSTANTIVE issue?
- -> If so, apply State law. - If it is a PROCEDURAL issue
- -> apply Federal Law.
Where may VENUE be laid?
1) where ANY D RESIDES
Corp: where subj to PJ
Person: domicile
2) a SUBSTANTIAL PART of the CLAIM arose
3) [if neither 1 or 2]: where ANY D is subject to PJTo where may a court TRANSFER a case?
Another venue where the case COULD HAVE BEEN FILED.
(i.e., PJ and SMJ)
If original district’s venue was PROPER, what determines whether the court transfers to another venue?
Discretionary.
Based on
1) CONVENIENCE of parties and W’s (Private factors), and
2) “INTERESTS OF JUSTICE” (Public factors)
what law applies, jury burden, keeping local controversy in local court
What is a motion for Forum Non Conveniens
It asks the court to DISMISS the case or STAY it, because TRANSFER is impossible (the other forum that could hear the case is in another country).
What factors play into a ruling on Forum Non Conveniens?
Public factors:
- IS there another choice of forum?
- This forum’s interest in adjudicating.
- P’s interest in filing in this forum
Private factors: ADEQUACY of other forum Generally adequate if: 1. D is SUBJECT TO PJ there 2. NO SOL would bar the action 3. suitable REMEDY available (anything is ok)
CALIFORNIA.
What is a Limited Civil Case?
amount in controversy up to $25K.
What is different about a Limited Civil Case?
- Limited Discovery
- Cannot file “special demurrer”
- cannot get a permanent injunction or declaratory juddment to determine title to land.
- no claimant can recover more than $25K.
CALIFORNIA.
What is a LOCAL ACTION?
Where is venue proper?
Involves LAND.
Recovery of land, Determining an interest in land,
Injury to land
In the county where land lies.
Where is venue proper if it’s not a local action?
- Generally: a county where ANY D RESIDES
- K cases: additionally, where K ENTERED, or TO BE PERFORMED
- Personal Injury/Wrongful Death: where INJURY OCCURRED
What is a “federal question”?
It “ARISES UNDER” federal law.
–> the claim itself arises under federal law
Is it a federal question when a defense arises under federal law?
No. No FQ –> not in fed ct.
