Right court?

Question 1

Outline FRCP

Answer 1

1. Right Court?
   
   1. Personal Jurisdiction
   2. Subject matter J
   3. Supplemental Jurisdiction
   4. Removal
   5. Venue
2. Case
   
   1. Service of process
   2. Pleadings
   3. Discovery
3. Complex cases – party joinder
4. Adjudication – pretrial & trail
5. Appellate Review - appeal
6. Preclusion – claim and issue preclusion

Question 2

Personal Jurisdiction

Answer 2

1. Satisfy a statute (state long arm statute) AND
2. Satisfy the Constitution (Due Process)

• D must have such minimum contacts with the forum so the exercise of PJ does not offend tradition notion of fair play and substantial justice.
• Contact requires purposeful availment (not accident) and foreseeability being sued in that forum state.

FP&SJ =>

1. Specific PJ : claim arise from D’s contact with forum state.
2. General PJ: substantial ties with state (doing business, D is served in the forum state) ie: continuous and systematic ties (D is domiciled or do business) In GPJ, can be sued for a claim arose anywhere in the world.

Question 3

Subject Matter Jurisdiction

Answer 3

1. Federal Question: “Well pleaded complaint rule”= Is P seeking federal rights? The federal question must appear as part of the P’s cause of action. Federal defenses – whether set out in the D’s answer or in the P’s complaint in anticipation of the D’s answer – are irrelevant
2. Diversity of Citizenship : **requires *complete diversity, & amount of controversy *more than $75,000

• Even if the requirements for diversity are met, fed courts will not issue divorce, alimony or child custody decrees or probate estate. For diversity purposes, an executor is deemed to be a citizen of the decedent’s former citizenship.

Question 4

Domicile

Answer 4

Individual’s domicile is determined by:

1. physical presence in state, AND
2. intent to remain. It is determined when the case is filed.

• A person only one domicile.
• Corporation (1) where incorporated, AND (2) **principal place of business. **(a) muscle test(activity) or nerve test (Headquarter)
• Amount: what P wins is irrelevant. Just good faith.

Question 5

Supplemental Jurisdiction ****

Answer 5

SuppJ only works after a case is already in fed ct (through diversity or FQ). Now we have an additional claim in that case that do not meet diversity or FQ. Get that claim into federal court with supplemental jurisdiction.

TEST: The claim want to get into fed ct must share a “common nucleus of operative fact.” This test is met if claims arise from same transaction or occurrence (TO) as the underlying claim.

1. P can use suppj to overcome a lack of diversity for a claim in a FQ case. (VA1 v. VA2 for FQ. another claim about state law).
2. P can use Suppj to overcome a lack of amoutn in controversy for a claim in diversity. (CA v. VA1 & VA2. VA1 claim 100K. VA2 claim 10K).
3. Limitation: In diversity case, P cannot use Suppj to overcome lack of diversity. (VA1 v. CA under Diversity. VA1 v. VA2, cannot be).

Any party except P can use supplemental jurisdiction to overcome either a lack of complete diversity or amount in controversy in any case (diversity or FQ) Limitation only applies to P.

Summary
A non-federal, non diversity claim can be heard in federal court if it meets “the test” UNLESS it is:

1. asserted by a plaintiff
2. In a diversity of citizenship case, AND
3. Would violate complete diversity.

Under federal law, when additional parties are joined, an independent basis for jurisdiction must exist, unless the supplemental jurisdiction statute enables the court to exercise the jurisdiction.

Question 6

Removal

Answer 6

A defendant sued in state court might be able to remove the case to fed. ct. Only from state to fed. court.
No later than 30 days after service (not filing) of the first document that makes the case removable. Only removal to fed. district embracing the state court in which the case was filed.

• Procedure**: D must *file a notice of removal with the federal district court, stating the grounds of removal and attach all documents served on D in state action. Proper federal venue is federal district which geographically encompass the current state court. Copies of the notice should be sent to the opposing parties and to the state court.
• Time frame:** This notice must be filed *within 30 days after the case becoming removable. Generally, it is within 30 days after the defendant obtains a copy of the complaint.
• Limitation:** If the ground for removal is diversity jurisdiction, the action *cannot be removed from a state court after one year has passed after its commencement. There is no removal jurisdiction if any D is a citizen of the forum state. Furthermore, if defending parties are multiple, all Ds must join in the removal.

Generally, a defendant in a state court action may remove an action to a federal court in which P originally could have brought the claim. However, there is no removal if any defendant is a citizen of a forum state. For diversity purposes, an executor is deemed to be a citizen of the decedent’s former citizenship.

Question 7

Venue

Answer 7

1. Local actions (ownership, possession or injury to land) must file in the district where the land lies
2. If not a local action, it is transitory. In any transitory case (diversity or FQ), P can lay venue in any district where:
   
   1. all defendants reside
   2. a substantial part of the claim arose.

Venue is proper where any D resides, if all Ds reside in the same state, or where a substantial part of events giving rise to the claim occurred. If it was proper to bring the case in the original court (i.e., subject matter jurisdiction, personal jurisdiction, and venue was proper), the court may transfer venue to another district where the action might have been brought for the convenience of parties and witnesses.
If there is no clear advantage to transfer to the new venue, the court is more likely to honor the P’s choice of forum.