Proper Court Issues

Question 1

Proper court issues

Answer 1

1. Does the court have jurisdiction over the persons involved? (PJ)
2. Does the court have jurisdiction over the subject matter of the suit? (SMJ)
3. Is the venue proper? (Venue)
4. Does D have notice? (Notice)
5. What is the proper law the court should use? (Choice of Law/Erie)

Question 2

personal jurisdiction

Answer 2

PJ is proper where there is a sufficiently close relationship between the forum state and D.

Question 3

Three traditional basis for PJ

Answer 3

1. D consents to jurisdiction in the forum state
2. D is domiciled in the forum state (physical presence and subjective intent to remain.
3. D is present in the forum state when served with process.

Question 4

PJ over nonresidents

Answer 4

The minimum contacts standard allows PJ over nonresidents of the forum state provided there is a long-arm statute, and the exercise of PJ is in keeping with the constitutional requirements of the minimum contact standard.

Question 5

Long-arm statute

Answer 5

A long-arm statute is the mechanism that gives a state the power to reach beyond its own borders to assert jurisdiction over a nonresident. Two types of long-arm statutes:

1. CA long-arm statute: CA state courts have power over any person or property up to the limit of the Constitution, therefore minimum contacts standard is applied.
2. Specific long-arm statutes: some states have specific long-arm statutes that gives its courts power over nonresident only under specified situations. The exercise of jurisdiction msut satisfy that statute and also meet the constitutional requirements of the minimum contacts standard.

Question 6

minimum contacts standard (the constitutional limit to a state’s exercise of PJ)

Answer 6

D must have sufficient minimum contacts with the forum state such that asserting jurisdiction over him does not offend traditional notions of fair play and substantial justice.

Question 7

minimum contacts analysis

Answer 7

1. Purposeful Availment: has D purposefully availed himself of the benefit and protections of the state such that it is *reasonably foreseeable** that his activities subject him to being hauled into court here?
2. Relatedness of claim to contact with forum: is the claim at issue related to D’s contact in the forum state?

• specific jurisdiction: the claim directly arise from D’s contact with the forum state. The forum state has specific jurisdiction over D for that claim only.
• general jurisdiction: D’s contact with the state are sufficiently systematic and continuous that it renders D essentially at home in the forum state. The forum state may exercise jurisdiction over D for any cause of action.

3. Fairness factors:

• the convenience to the parties: P’s interest in obtaining convenient relief, location of the witnesses and evidence, and the burden on D to travel.
• the forum state’s interest in regulating activity within its borders and protecting its citizens.
• any other interests, such as the interstate efficiency interest.

Question 8

Subject matter jurisdiction

Answer 8

The court must have proper jurisdiction over the subject matter of an action.

Federal courts have limited jurisdiction and may only hear cases involving federal questions or diversity of citizenship.

Question 9

Federal question

Answer 9

Federal courts have SMJ over civil actions arising under federal law.

Question 10

Complete diversity is required for SMJ

Answer 10

no P may be a citizen of the same state as any D at the time the action is commenced.

Question 11

Diversity of citizenship

Answer 11

Federal courts have SMJ over actions between citizens of different states and where the amount in controversy exceeds $75,000.

Question 12

How to determine a natural person’s citizenship?

Answer 12

domicile: only one domicile for each person: domicile = physical presence + subjective intent to make it his permanent home.

Question 13

How to determine a corporation’s citizenship?

Answer 13

A corporate is a citizen of:

1. the state where the business is incorporated; and
2. the one state where the corporation has its principal place of business.

PPB is the nerve center of the corporation where its officers direct, controls, and coordinate the corporation’s acitivities.

Question 14

How to determine the citizenship of an unincorporated associations?

Answer 14

the citizenship of all and any members.

Question 15

How to determine the citizenship of minors, decedents, and incompetents?

Answer 15

It is determined by their own citizenship, not the citizenship of their representative or guardian.

Question 16

How to determine the citizenship of aliens?

Answer 16

Alienage jurisdiction permits SMJ when a case is between a U.S. citizen and a foreign subject or citizen.

Question 17

Exceptions to federal SMJ

Answer 17

Federal courts will not hear actions involving issueance of divorce, alimony, or child support, or to probate an estate.

Question 18

CA state court SMJ

Answer 18

CA courts have general jurisdiction and can hear any case not within the exclusive jurisdiction of another court.

unlimited civil cases: AIC exceeds $25k, heard in superior court, no limitation on pleadings, discovery or relief available.

limited civil cases: AIC of $25k or less, heard in superior court, has limitation on the use of process and the equitable relief available, and a claimant cannot recover more than 25k.

small claims cases: heard in small claim court and requires AIC for individual plaintiff be $10k or less and AIC for business entity plaintiff be $5k or less.

Question 19

Supplemental jurisdiction

Answer 19

applies when an additional claim shares a common nucleus of operative fact with a claim that invokes federal SMJ.

common nucleus of operative fact = claims arise from the same transaction or occurrence.

Question 20

Removal jurisdiction

Answer 20

allows D to have a case originally filed in state court removed to federal court where the case could have properly been brought in either state or federal court in the first place.

• only D are eligible to remove cases.
• diversity case: in diversity cases, D may not remove to federal court if he is a citizen of the forum state.
• venue: the case can be removed to a federal court that sit in the state court’s judicial district.
• timing: no later than 30 days after service of the first “removable” document, but never later than 1 year after the initial filing.

Question 21

Remand

Answer 21

When the removal is improper, the federal court can remand the case back to state court.

Question 22

Venue

Answer 22

The proper geographic district for a particular case to be heard.

Question 23

When is venue proper?

Answer 23

Venue is proper where a) the claim arose or b) the defendant resides. Alternatively, if no districts satisfy a) or b), venue is proper in any district where any defendant is subject to the court’s personal jurisdiction.

Question 24

Venue is proper where the claim arose

Answer 24

• Federal: venue is always proper in the district where a substantial part of the claim arose or where the land in dispute is located.
• CA: venue is proper in the county where the claim arose or where the land in dispute is located.

Question 25

Venue is proper where the defendant resides

Answer 25

• Federal: venue is proper in any district where any defendants reside if all defendants are residents of the same state.
• CA: venue is proper in a county where any defendant resides at the time the case is filed. If no D resides in CA, then any county is acceptable.

when D is a corporation:

• Federal: in all districts where they are subject to PJ if the district were a state.
• CA: in the county where they have their PPB, or where a contract was entered into or performed, or where contract breach occurred, or where liability arises.

Question 26

Transfer of venue when the original venue is proper

Answer 26

• Federal: Venue may be transferred to another federal court where the case could have been filed or all parties consent and there is proper PJ, SMJ, and venue.
• CA: the venue can be changed at the judge’s discretion where the interests of justice and convenience of the parties would be served by such a transfer.

Question 27

Transfer of venue when the original venue is improper

Answer 27

• Federal: the court must dismiss or in the interest of justice, transfer to a proper venue.
• CA: allows for the transfer of venue to a proper county when the court designated in the complaint is not the proper court.

Question 28

Forum non conveniens

Answer 28

Federal: a court may dismiss or stay a case if there is a far more appropriate forum elsewhere, such as another state or country.

CA: a court may dismiss or stay a case if another forum in another state or country is more suitable by looking at the interests of justice, including that the alternative forum is suitable and the private and public interest factors balance in favor of the alternative forum.

• public factors: what law applies, which community should be burdened with jury service; and
• private factors: convenience, location of witnesses, evidence, etc.

Question 29

Notice

Answer 29

D must be properly notified of a pending action by a reasonable method and must be given an opportunity to be heard.

Question 30

Service of process

Answer 30

to provide D with notice of a pending action by delivery to defendant of a summons and a copy of the complaint.

Question 31

Method of service

Answer 31

Service can be made by anyone who is at least 18 years old and not a party to the action.

Question 32

Personal service

Answer 32

personal service: always adequate and occurs when the notice is personally delivered to D.

Question 33

Substituted service

Answer 33

substituted service is usually adequate–

• Federal court: service can be left at D’s usual abode and served upon someone of suitable age and discretion who resides there, or served to D’s authorized agent; or served by methods permitted by state law.
• CA: allows substituted service only if personal service cannot be accomplished with reasonable diligence. Must be left at D’s usual abode with a competent member of the household who is at least 18 years old, and that person must be informed of the contents. The server must then mail a copy of the papers to the other party at the address the papers were left.

Question 34

Constructive service

Answer 34

Registered mail is only effective if D agrees to waive service of process.

CA: allows service by publication only if nothing else works.

Question 35

Erie doctrine

Answer 35

A federal court sitting in diversity must apply **state substantive law, including statutes of limitations and the state’s conflict of law rules, and federal procedural law.

• policy goal: prevent forum shopping

Question 36

What can the judge do when it is unclear whether the law is substantive or procedural?

Answer 36

A judge will use one of the two tests:

• outcome determinative test: an issue is substantive if it substantially affects the outcome.
• balance of interests: the federal interest in having the federal law applied is balanced against the state interest in having the state law applied. If the state has a greater interest, then the law is substantive.

Question 37

CA Conflict of Law Rules are deemed substantive law under Erie

Answer 37

• torts actions: when two state laws are in conflict, the court evaluates the comparative impairment to each state’s interest in having its law applied;
• contract actions: if K have a choice of law provision, the provision will be applied so long as it has *8a reasonable basis and does not conflict** with CA policies. If it conflicts with CA policies, CA law will apply if CA has a materially greater interest in having its law applied.