Rule Block Flashcards
Subject Matter Jurisdiction
Fed court has limited jurisdiction and can only hear cases with SMJ over claims involving: (1) Fed Q jurisdiction, or (2) Diversity jurisdiction. SMJ is NOT waived if a party fails to raise it at trial. It can be raised any time, even on appeal.
Fed Q
Fed issue must be presented in the P’s well-plead complaint
o A federal defense is not sufficient
Diversity Jurisdiction
If citizenship of all parties is completely diverse, and amount in controversy exceeds $75,0000.
All Ps must be citizens of different states than all Ds or diversity doesn’t exist.
Amount in controversy for Diversity Jurisdiction
Amt in controversy is based on damages alleged in good faith in the complaint.
Costs and expenses don’t count in this amount and P can aggregate claims against one D, or multiple if joint tortfeasors.
How can a claim for injunctive relief may be measured for purposes of Diversity Jurisdiction?
A claim for injunctive relief may be measured by the value of the benefit to P or the cost of compliance to D.
Citizenship
Determined at time the suit is filed. A person’s citizenship is where they are domiciled.
Domiciled
A person is domiciled where they currently reside coupled with an intent to remain indefinitely.
What happens if a person resides in multiple states?
Court applies CENTER OF GRAVITY TEST which looks at what state the person has the most significant connections. (where they spend the most time, taxes paid, mail received, work, orgs)
Corporations domicile
A corp is domiciled in the state that it’s incorporated in and where its principal place of business is. Two tests: (1) nerve center test, (2) place of operations test.
Nerve center test
Court where corporate HQ is located OR the home office where directors, officers, and conduct main business.
Place of operation test
Court looks at where most manufacturing or $-making activities takes place.
Erie Doctrine
Applies if a fed court has diversity jurisdiction over the parties.
Under Erie, fed court applies federal procedural laws, BUT state substantive law of the forum state in which it sits.
Supplemental Jurisdiction
Can bring a claim in fed court that wouldn’t otherwise get SMJ.
A court has supp jurisdiction over new claims that arise from a common nucleus of operative facts, and claims that arose out of same trans/occ.
Can’t overcome a lack of diversity: P in a diversity case can’t assert supp juris if it violates complete diversity!
When does the court have discretion to refuse supplemental jurisdiction claims?
IF:
(1) fed q is dismissed early in proceeding;
(2) state law is complex; OR
(3) state law issues predominate.
Personal Jurisdiction
A court needs PJ over D for judgment to be binding. Traditional bases for PJ are:
(1) Domicile;
(2) Presence in state when served; OR
(3) Consent.
Otherwise, can get PJ from state’s long arm statute. PJ can general, specific, in rem, or quasi in rem.
General Jurisdiction
Based on D’s in state presence when jurisdiction is acquired (served). General bc the court has jurisdiction over a D for any and all causes of action where there’s also SMJ.
6 ways General Jurisdiction is obtained?
(1) D’s physical presence in state;
(2) domicile;
(3) in state activities that are systematic & continuous to prove D is in state ;
(4) consent;
(5) agency; AND
(6) waiver.
Specific Jurisdiction
Claim arises out of D’s contact with forum state. Can be obtained through a state’s Long Arm Statute and must comport with the Constitution.
Long arm jurisdiction
To constitutionally get jurisdiction over a non-resident D under a long arm statute, D needs:
(1) sufficient minimum contacts with forum state to
(2) NOT to offend traditional notions of fair play and substantial justice.
State Long Arm Statute
A state’s long arm statute lets forum state assert PJ over a non resident D as long as it meets constitutional reqs. If conduct doesn’t fall in State’s Long Arm statute, might be Quasi In Rem jurisdiction.
Sufficient minimum K test
D:
(1) purposefully availed himself to privilege of doing business in forum state; AND
(2) it was reasonably foreseeable that D would be subjected to PJ in forum state.
Traditional notions of fair play and substantial justice
Must be fair and reasonable to defend a suit in state and be subjected to PJ. Consider:
(1) Is there general jurisdiction (systematic & continuous activity) or specific jurisdiction (does claim arise out of D’s contact in forum);
(2) Is forum is convenient (parties, W, evidence); AND
(3) Does forum state have interest in litigation?
In Rem jurisdiction
When the state has jurisdiction over D’s property located in the state.
Quasi in Rem jurisdiction
Gap filler if D’s conduct doesn’t fall under state long arm statute.
If D has minimum contacts not recognized by state’s long arm statute, BUT attachable property in state, state can use that, and property can be attached. Property doesn’t have to relate to claim.
Service
To establish PJ, due process requires D gets notice and opportunity to be heard. D must be served with summons and complaint within 90 DAYS of filing complaint or case is dismissed without prejudice. Court must extend for good cause.
Anyone 18+ and not a party may serve process.
How does D have to be served?
1) physically giving a copy of complaint and summons;
2) Physically giving it to someone of age and discretion residing at residence of D (process server, mail),
3) Delivery on agent; can follow state law for serving a summons.
