Proper Court - Preliminary Issues Flashcards
What was the traditional approach for Personal Jurisdiction?
The defendant:
(1) Consents
(2) Is domiciled in the forum state OR
(3) Is present in the forum state when served
What is the modern approach for Personal Jurisdiction?
Modernly, the court requires that the defendant meet the minimum contacts standard and there must be a long arm statute for nonresidents.
What is the minimum contacts rule?
When the defendant has purposefully availed themselves of the benefits and protections of the states such that it’s reasonably foreseeable that they could be haled into court in the forum state
What’s the difference between specific jurisdiction and general jurisdiction?
Specific jurisdiction is when the activity the claim arises out of conduct that occurred in the state and the court has jdx over the defendant for that claim only.
General jdx is when the defendant is essentially at home in the forum state. In general jdx, the forum state can exercise jdx for any cause of action.
What is considered to be a corporation’s domicile?
A corporation is always “essentially at home” in the state of incorporation or the state of their principal place of business.
What is the definition of subject matter jdx and what types of SMJ are there?
SMJ means a court must have proper jurisdiction over the subject matter of an action.
Federal courts have limited SMJ and may hear cases involving (1) federal question or (2) diversity jdx.
Additionally, there may be supplemental jdx on federal SMJ
What are attributes of federal question jurisdiction?
Federal courts have SMJ over civil actions arising under federal law, where the federal claim appears on the face of the plaintiff’s complaint (well-pleaded complaint).
Additionally, state and federal courts have concurrent jdx over federal question suits, unless Congress has assigned matters specifically to federal courts to hear.
What are the requirements of diversity jdx?
Diversity jdx arises in a claim between two or more citizens from different states (diverse) where the amount in controversy exceeds $75,000
When is diversity of citizenship determined?
At the time of filing
What is supplemental jurisdiction?
Supplemental jdx allows the extension of SMJ for additional claims that have been joined, that do not invoke itself a matter of federal SMJ, but where the additional claim shares a common nucleus of operative fact with a claim that does have proper federal SMJ
What does it mean to have a common nucleus of operative fact?
This is when claims that arise from the same transaction or occurrence as the underlying claim and extends even more broadly to claim with a loose factual connection.
How can a defendant remove a case to federal court?
When a case could have properly been brought to federal court. A removal is a matter of right, meaning the court will accept the case.
Only defendants may remove.
Time limit is within 30 days of the service of the first “removable” document
When can a party remand the case back to state court?
When the defendant has removed a case to federal court, and the removal is improper, the plaintiff has 30 days within the removal to move for remand.
When is venue proper?
Where a defendant resides or the claim arose:
(1) In the district where any defendant resides;
(2) In the district in which a substantial part of the events giving rise to the claim occurred; OR
(3) If no U.S. district satisfied either (1) or (2), then in a judicial district in which any defendant is subject to the court’s PJ
When can federal courts hear a case without proper venue?
If a waiver is not timely raised, which is required in the first Rule 12 response to the complaint; or court may raise improper venue sua sponte
