PJ, SMJ, Venue

Question 1

Of what state is a person a citizen?

Answer 1

Where a resident: DOMICILE.

1) presence in state
2) intent to make it her home

Question 2

Which state is a Corporation a citizen of?

Answer 2

1) any state Incorporated

2) PPOB (Nerve center)

Question 3

When can you AGGREGATE claims to get the $75K amount in controversy for SMJ?

Answer 3

1) one P against ONE D

2) one P vs JOINT Tortfeasors

Question 4

When does a case involve a “federal question?”

Answer 4

when ENFORCING A FEDERAL RIGHT.

complaint must show:
RIGHT or INTEREST founded substantially on a federal law.
–> “arises under” federal law.

Question 5

Is there Federal Question jurisdiction when Sharon Stone sues Epstein for failing to build because, he claims, a federal environmental statute prohibits building there.

Answer 5

No. Must be ENFORCING A FEDERAL RIGHT.

This statute merely prohibits building – doesn’t GIVE any rights.

Question 6

Generally, when can Supplemental Jurisdiction be used?

Answer 6

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)

Question 7

When can Supplemental Jurisdiction NOT be used?

Answer 7

To overcome a LACK OF DIVERSITY jurisdiction in a DIVERSITY case.

Question 8

When MAY a Defendant Remove a case to federal court?

Answer 8

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

Question 9

What are the limitations on Removal?

Answer 9

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.

Question 10

What is the ERIE DOCTRINE?

Answer 10

In Diversity cases, federal courts must apply state SUBSTANTIVE law.

Question 11

What method do you use to evaluate Erie Doctrine issues?

Answer 11

1. Is there a Federal Law on point? (if so, apply Federal Law – Supremacy Clause)
2. If no federal law, is it a SUBSTANTIVE issue?
   - -> If so, apply State law.
3. If it is a PROCEDURAL issue
   - -> apply Federal Law.

Question 12

Where may VENUE be laid?

Answer 12

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 PJ

Question 13

To where may a court TRANSFER a case?

Answer 13

Another venue where the case COULD HAVE BEEN FILED.

(i.e., PJ and SMJ)

Question 14

If original district’s venue was PROPER, what determines whether the court transfers to another venue?

Answer 14

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

Question 15

What is a motion for Forum Non Conveniens

Answer 15

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).

Question 16

What factors play into a ruling on Forum Non Conveniens?

Answer 16

Public factors:

1. IS there another choice of forum?
2. This forum’s interest in adjudicating.
3. 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)

Question 17

CALIFORNIA.

What is a Limited Civil Case?

Answer 17

amount in controversy up to $25K.

Question 18

What is different about a Limited Civil Case?

Answer 18

1. Limited Discovery
2. Cannot file “special demurrer”
3. cannot get a permanent injunction or declaratory juddment to determine title to land.
4. no claimant can recover more than $25K.

Question 19

CALIFORNIA.
What is a LOCAL ACTION?

Where is venue proper?

Answer 19

Involves LAND.
Recovery of land, Determining an interest in land,
Injury to land

In the county where land lies.

Question 20

Where is venue proper if it’s not a local action?

Answer 20

1. Generally: a county where ANY D RESIDES
2. K cases: additionally, where K ENTERED, or TO BE PERFORMED
3. Personal Injury/Wrongful Death: where INJURY OCCURRED

Question 21

What is a “federal question”?

Answer 21

It “ARISES UNDER” federal law.

–> the claim itself arises under federal law

Question 22

Is it a federal question when a defense arises under federal law?

Answer 22

No. No FQ –> not in fed ct.