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Federal Civil Procedure > Right Court? > Flashcards

Right Court? Flashcards

1
Q

what is the two-step analysis for personal jurisdiction?

A
  1. satisfy a state statute AND

2. satisfy the Constitution (Due Process)

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2
Q

Does personal jurisdiction analysis differ depending on whether the case will be filed in federal court or state court in the forum state?

A

No - same analysis in both

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3
Q

Are state statutes concerning personal jurisdiction uniform?

A

no - they vary, and so the content of such a statute is not testable on the MBE

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4
Q

What is the constitutional analysis “language” for determining if there is personal jurisdiction?

A

does ∆ have “such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice”

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5
Q

Under what 3 circumstances is personal jurisdiction clearly constitutional?

A

if ∆ is:

  1. domiciled in the forum or
  2. consents or
  3. is voluntarily present in the forum when served with process
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6
Q

What two factors must be addressed when analyzing “contact” with the forum state to establish personal jurisdiction?

A
  1. purposeful availment: the contact must result from ∆’s voluntary reach into the forum
  2. foreseeability: must be foreseeable that ∆ could be sued in the forum
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7
Q

What three factors must we assess when determining if the exercise of personal jurisdiction is constitutional?

A
  1. contact
  2. relatedness
  3. fairness
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8
Q

What question must we ask when analyzing the “relatedness” between the ∆’s contact and π’s claim for purposes of personal jurisdiction?

A

does the π’s claim arise from the ∆’s contact with the forum?

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9
Q

What is “specific” personal jurisdiction?

A

the claim arises from ∆’s contact with the forum - ∆ who is not “at home” in the forum can only be sued there for a claim arising from those activities

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10
Q

What is “general” personal jurisdiction?

A

∆ is “at home” in the forum state - e.g. domiciled there; ∆ can be sued there for a claim that arose anywhere in the world

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11
Q

Where is a human “always at home” for purposes of personal jurisdiction?

A

where the human is domiciled

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12
Q

Where is a corporation always “at home” for purposes of personal jurisdiction?

A
  1. where incorporated AND

2. where it has principal place of business

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13
Q

Walmart is incorporated in DEL and has its principal place of business in ARK. It does business in every state. In TX, it has more than 200 retail stores and employs thousands. Is it subject to general personal jurisdiction in TX?

A

NO - it is not incorporated and does not have principal place of business there

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14
Q

“fairness” factors are only assessed in what kind of personal jurisdiction cases?

A

specific personal jurisdiction only

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15
Q

What three factors do courts consider when determining whether a jurisdiction is “fair” to exercise personal jurisdiction?

A
  1. burden on ∆ and witnesses
  2. state’s interest
  3. π’s interest
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16
Q

If ∆ does not want the court to exercise specific personal jurisdiction over her because she feels it will be difficult to litigate in the state, what must she show?

A

she must show that it will put her at a severe disadvantage in the litigation - the relative wealth of the parties is not determinative

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17
Q

When is it always true that a forum is in the state’s interest for the purposes of “fairness” in exercising personal jurisdiction?

A

when the π is a citizen of the state

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18
Q

What is “in rem” jurisdiction?

A

court not exercising power over ∆ herself, but over ∆’s property in the forum

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19
Q

To be a constitutional exercise of in rem jurisdiction, must a ∆’s contacts meet the same constitutional test for in personam jurisdiction?

A

yes

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20
Q

What kind of cases may state court’s here?

A

State courts can hear any kind of case (with minor exception) - they have “general” SMJ

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21
Q

What cases can state court’s not here?

A

cases arising under:

  1. patent infringement
  2. bankruptcy
  3. some federal securities and antitrust claims
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22
Q

What are the two main types of cases that can be heard in federal court?

A
  1. diversity of citizenship

2. federal question

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23
Q

What are the two requirements for Diversity of Citizenship (and alienage) cases?

A
  1. the case is between (a) citizens of different states or (b) a citizen of a state and a citizen of a foreign country AND
  2. the amount in controversy exceeds $75,000
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24
Q

What is the “complete diversity rule?

A

every π must be diverse from every ∆

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25
Q

Is an alien admitted to the U.S. for permanent residence and domiciled in a U.S. State an “alien” or “citizen” for purposes of diversity citizenship?

A

alien

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26
Q

What is the special “green card” alien rule?

A

prohibits alienage if a green card alien is domiciled in the same U.S. state as a litigant on the other side of the case

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27
Q

If π (AZ) sues (∆) (a green card alien who is domiciled in AZ) in federal court, is there alienage SMJ?

A

no - statute prohibits SMJ here

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28
Q

π (a U.S. citizen domiciled in Japan) sues ∆ (CA) in federal court. is there diversity of citizenship?

A

No - π is not a citizen of a U.S. state, b/c not domiciled in a U.S. state

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29
Q

How does a person establish a new domicile?

A
  1. physical presence AND

2. intent to make that your permanent home (consider all relevant factors)

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30
Q

π (CO) wants to sue ∆ (CO) in federal court. π moves to FL and sues under diversity jurisdiction. Ok?

A

yes - if π changed her domicile

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31
Q

When do you test for “diversity” for purposes of SMJ?

A

when the case is filed

32
Q

If a citizen who was diverse when the case was filed moves to the same state as the ∆ during litigation, has SMJ been destroyed?

A

no - we do not care what happens to citizenship after the case is filed or what the citizenships were before the case was filed

33
Q

What is the citizenship of a corporation?

A
  1. state or country where incorporated AND

2. state or country of principal place of business

34
Q

XYZ Corp. (inc. in OR with PPB in UT) sues ∆ (UT). Is there diversity?

A

no - π and ∆ are UT citizens

35
Q

Where is the corporation’s principal place of business?

A

where managers direct, coordinate, and control corporate activity (“nerve center” “headquarters”)

36
Q

What is the citizenship of an unincorporated association (like a partnership or limited liability company)?

A

citizenship of all its members

37
Q

XYZ Partnership has partners who are citizens of 18 states. What is XYZ’s citizenship?

A

all 18 states

38
Q

What is the citizenship of decedents, minors, or incompetents?

A

While they must sue or be sued through a representative - the citizenship of the decedent, minor, or incompetent is what is considered by the court

39
Q

if π brings a claim for exactly $75,000 is this enough to satisfy the amount in controversy requirement of diversity jurisdiction?

A

no - must exceed $75,000

40
Q

Can you count interest on the claim when calculating the amount in controversy?

A

no - but you can obviously sue to recover interest as the claim

41
Q

If π is not sure of her damages, but believes in good faith they will exceed $75,000 is this enough to satisfy the amount in controversy requirement?

A

yes - unless it is clear to a legal certainty that she cannot recover more than $75,000

42
Q

If a π sues and wins less than $75,000 can they be required to pay ∆’s litigation “costs”?

A

yes

43
Q

Can a π aggregate factually unrelated claims to reach the amount in controversy requirement?

A

yes

44
Q

How many πs and ∆s are required to “aggregate” claims for purposes of the amount in controversy requirement of diversity jurisdiction?

A

1 π vs. 1 ∆

45
Q

If a π is suing joint tortfeasors, can courts use the total value of the claim for purposes of the amount in controversy requirement of diversity jurisdiction?

A

yes - for joint claims use the total value of the claim - the number of parties is irrelevant

46
Q

How do courts determine the amount in controversy when π is seeking equitable relief?

A
  1. π’s viewpoint: does the blocked view decrease the value of π’s property by more than $75,000
  2. ∆’s viewpoint: would it cost ∆ more than $75,000 to comply with the injunction
47
Q

When does a court have federal question SMJ?

A

when the claim in π’s complaint “arises under” federal law (federal constitution, legislation)

48
Q

What is the “well-pleaded complaint” rule?

A

not enough that some federal issue is raised by the complaint. π’s claim itself must “arise under” federal law - look at the claim and ignore other material π alleged

49
Q

Once a case is properly in federal court, do we have to test every single additional claim for federal SMJ?

A

yes

50
Q

I an additional claim does not satisfy diversity of citizenship or federal question jurisdiction, can the federal court still hear the claim?

A

yes, if it invokes supplemental jurisdiction

51
Q

What are the two steps to get supplemental jurisdiction?

A
  1. the test: claim we want to get into federal court must share a “common nucleus of operative fact” with the claim that invoked federal SMJ (same t/o)
  2. the limitation: the claim is asserted by a π, in a diversity of citizenship case, AND asserted against a citizen of the same state as the π
    (in a diversity case, the π cannot use supplemental jurisdiction to overcome a lack of diversity)
52
Q

If a claim meets the requirements for supplemental jurisdiction, does the court have discretion to decline jurisdiction?

A

yes - if the state law claim is complex or state law issues would predominate in the case

53
Q

When must ∆ remove to be proper?

A

Within 30 days of service of the first paper that shows the case is removable

54
Q

Who must join in the removal to be proper?

A

all ∆s served with the first paper that shows the case is removable

55
Q

Can a π remove a claim from state to federal court?

A

never

56
Q

What cases can be removed?

A

any case that meets the requirements for diversity or federal question SMJ

57
Q

What are the two exceptions to the general “removal” rule?

A

ONLY apply if we are removing on the basis of diversity of citizenship jurisdiction

  1. no removal if any ∆ is a citizen of the forum (instate ∆) AND
  2. no removal more than one year after the case was filed in state court
58
Q

If a claim does not meet the requirements for diversity, and the claim against the instate ∆ is dropped - can it then become removable?

A

maybe, yes - if removed within 30 days of dismissal

59
Q

must ∆ get permission from the court to remove to federal court?

A

no - just do it

60
Q

What is the procedure for removing to federal court?

A
  1. file notice of removal in federal court stating grounds of removal (SMJ)
  2. ∆ attaches all documents served on her in state action, serves a copy of “notice of removal” on adverse parties
  3. files a copy of the “notice of removal” in state court
61
Q

If π thinks removal to federal court was improper for some reason other than lack of SMJ, what must she do?

A

move to remand to state court no later than 30 days after notice of removal is required

62
Q

When do Erie issues arise?

A

diversity of citizenship case in federal court - federal judge must decide a particular issue - should she follow state law or ignore it?

63
Q

What are the steps for solving an Erie issue?

A
  1. is there some federal law on point that directly conflicts with state law? If so, apply the federal law, as long as it is valid (supremacy clause)
  2. if there is no federal law on point, the federal judge must apply state law if the issue to be determined is substantive
  3. if there is no federal law on point and the issue is not one of the four under step 2, the judge must determine whether the issue is substantive - factors balancing
64
Q

What four issues are clearly “substantive” under the Erie doctrine?

A
  1. elements of a claim or defense
  2. statute of limitations
  3. rules for tolling statutes of limitations, and
  4. conflict (or choice) of law rules
65
Q

What are the factors analyzed when considering whether an issue is “substantive” for purpose of Erie Doctrine?

A
  1. outcome determinative – would applying or ignoring the state rule affect outcome of case?
  2. balance of interests – does either federal or state system have strong interest in having its rule applied?
  3. avoid forum shopping – if the federal court ignores state law on this issue, will it cause parties to flock to federal court
66
Q

is there a general federal common law?

A

NO - but there are areas in which federal courts are free to make up common law (e.g. federal statute with no statute of limitations)

67
Q

What are the basic choices of venue?

A

π may lay venue in any district where:

  1. all ∆s reside
  2. a substantial part of the claim arose
68
Q

if all ∆s reside in different districts of the same state - what result for choice of venue?

A

π can lay venue in the district in which any ∆ resides

69
Q

Where does a corporation reside for venue purposes?

A

in all districts where subject to personal jurisdiction for the claim

70
Q

Can a federal district court transfer the case to another federal district court?

A

yes - but only to a district where the case could have been filed (proper venue and personal jurisdiction over ∆)

71
Q

If all parties consent, can a district court transfer the case to any district - even one with improper venue?

A

yes - unlikely π will do this however - and court finds cause for transfer

72
Q

If the original district is a proper venue, when can the court order transfer?

A

can order transfer based on the convenience of parties and witnesses and the interests of justice (discretionary)

factors: public (law/community/local court); private (convenience)

73
Q

If the parties entered a contract saying a dispute will be litigated in a particular district, will the court transfer to that district?

A

yes, almost always - deemed to have agreed to public/private factors

74
Q

If the original district is an improver venue, what may the court do?

A

it may transfer in the interest of justice OR dismiss

75
Q

What is “forum non conveniens”?

A

court does not transfer to the more convenient court, it dismisses or it stays the case, because the more convenient court is in a different judicial system (transfer is impossible)

76
Q

When court deciding “forum non conveniens” when is dismissal almost never granted?

A

if π is resident of the present forum

77
Q

When deciding “forum non conveniens” dismissal - what must the other court be?

A

available and “adequate” (i.e., π will get her day in court)

Federal Civil Procedure (2 decks)

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