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Civil Procedure supp > SMJ, PJ, Venue, ect > Flashcards

SMJ, PJ, Venue, ect Flashcards

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Civil Procedure 1L flashcards
1
Q

Define Jurisdiction

A

A court’s power to hear and decide a case. The U.S. and state constitutions, as well as federal and state laws, grant and limit courts’ jurisdiction.

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2
Q

Federal Jurisdiction requires what?

A

SMJ and PJ

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3
Q

T or F, State courts almost always have the power to hear cases involving events that took place in the state where the court sits or if defendants reside in or are served with a summons and complaint in that state.

A

True

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4
Q

What are some common examples of state matters?

A

common state court matters: adoption, divorce, guardianship, suing a landlord or a tenant, have a consumer complaint against a contractor or repair shop, need to probate a will.

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5
Q

What are the three types of Federal Subject Matter jurisdiction?

A
  1. Federal Question
  2. Diversity Jurisdiction
  3. Supplemental jurisdiction
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6
Q

when does a claim arise as a federal question SMJ?

How is it determined?

A

A claim arises under federal law if the federal law provides you with a right to relief.

Determined by a judge by: considering only the true nature of the claim does not consider what the P or D says even if they attempt to pepper it with the word “federal”.

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7
Q

What are some examples of Federal questions or claims arising under Federal law?

A

i. You sue a police officer for violating a federal civil rights statute that authorizes civil damages lawsuits by persons who are unlawfully arrested.
ii. A patent owner sues an individual for manufacturing an item that violates the patent. (Federal law creates patent rights.)
iii. An owner of a small business sues a large company for violating federal antitrust laws.

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8
Q

When do claims NOT arise under federal law?

A

1 a state-created claim which requires interpretation of federal law (typically breach of contract in patent or copyright cases).

  1. Anticipated federal defenses are not part of the cause of action, and they do not arise under federal law.

3 . under state laws that may incorporate federal law, case is not a federal question, no federal jurisdiction.
4. (Motion to suppress

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9
Q

What are the requirements for Diversity SMJ?

A

Claims must between diverse parties and amount in controversy must Exceed $75,000

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10
Q

At what point is diversity assessed for purposes of SMJ?

A

At the time the claim is filed

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11
Q

how is diversity citizenship for natural citizens established?

A

citizens of their domicile. Domicile = place of residence + intent to remain

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12
Q

For purposes of SMJ, a corporation is a citizen of?

A

Citizens of the state where they are incorporated and the state where they have their principal place of business (“nerve center.”)

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13
Q

For SMJ, All other entities: (LLCs, partnerships, unions, etc.): must be citizens of ________?

A

citizens of every state in which a member is a citizen.

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14
Q

How is the amount in Controversy determined for purposes of SMJ?

A

Defer amount to Plaintiff’s calculation of damages UNLESS it is clear to a legal certainty that the P cannot collect that much.

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15
Q

If P seeks injunctive (non-monetary) relief, how is the amount in controversy (AIC) determined?

A

the amount in controversy (AIC) is the larger of the D’s cost of compliance, or the value of the injunction to the P.

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16
Q

Under what circumstances can P’s claims be aggregated? When cant they be aggregated?
Must the claims be related for purposes of aggregation?

A
  1. If amount is less than $75K and more than one claim. -claims can only be aggregated between the same P and the same D!
  2. multiple Ps cannot aggregate their claims!
  3. claims Must not be related.
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17
Q

T or F When a single P sues a single D, the plaintiff may join as many claims as he may have against the defendant regardless of their nature, and the value of all the claims is aggregated to determine if the amount is met.

A

True

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18
Q

T or F Multiple plaintiffs with separate and distinct claims must each satisfy the jurisdictional amount requirement.

A

True

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19
Q

For what claims are supplemental jurisdiction exercised?

A

Claims that are not federal questions or diversity claims, but relate to such claims (supplemental jurisdiction)

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20
Q

When does Supp J exist?

A

only exists in the situation where a lawsuit consists of more than one claim, and the federal court has valid jurisdiction (either diversity or fed Q) over at least one of the claims. (Note- Fed Q easy, Diversity is trickier).

if the federal claim and the other claims arise out of a "common nucleus of operative facts," then the court may (but does not have to) exercise supplemental jurisdiction to hear the other claims as well.
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21
Q

Adam, a citizen of Michigan, files a complaint against Mary, a citizen of Michigan, in federal court. The complaint consists of two counts: violation of Adam’s patent and negligence. Adam’s patent claim involves his allegation that Mary marketed and sold a product that Adam claims he holds a patent for.
Is there SMJ? If so, what kind?

A

Yes, Federal Question SMJ

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22
Q

Could the court exercise Supp J exist in the following scenario?
In addition to his patent claim, Adam wants to sue Mary for negligence the injuries Adam sustained when he slipped on an icy path on Mary’s property. This count is based on state law.

A

NO Even though the court has subject matter jurisdiction over the patent count (in fact, the court actually has exclusive jurisdiction over that count), the court will NOT have supplemental jurisdiction over the negligence claim because the two claims are completely unrelated.

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23
Q

Explain Removal

A

Claims that start in state court but that could have been filed in federal court first (removal)

24
Q

If a state case is to be removed, where can it be removed to?

A
  1. A case must be removed to the federal district court that encompasses the state court where the action was initiated.
25
Q

What is the Home rule in terms of removal?

A

If the case could have been filed in federal court under diversity jurisdiction but the defendant is a citizen of the state in which the case is filed, removal is not permitted

a plaintiff can successfully object to removal in diversity actions if any defendant is acitizen of the forum state where the suit is taking place.

26
Q

T or F only a D can remove a case to federal court

A

True

27
Q

When must removal occur?

A

Removal must occur within 30 days of when the grounds for removal become clear. When removal would be based on diversity jurisdiction, the case must be removed within one year from the date the suit was filed.

28
Q

T or F all defendants do not need to consent to removal

A

False, all must consent

29
Q

Describe General Personal jurisdiction

A

“General PJ” - Where a court possesses “general” jurisdiction over a defendant, it has personal jurisdiction in any lawsuit against that defendant, whether the suit arises out of the defendant’s contacts with the forum or not.

30
Q

Describe Specific PJ

A

“Specific PJ”- “Specific” jurisdiction over a defendant occurs where the underlying cause of action arises out of the defendant’s activity or conduct in or directed at the state.

31
Q

What is personal jurisdiction

A

power over the parties for the case

32
Q

What is a long-arm statute?

A

A statute that allows for a state court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of- state defendant, provided that the defendant has a sufficient connection with the state.

33
Q

in order for a federal court to assert PJ, the court must make sure that it is permissible under both the law of the ______ state and the federal ______________.

A

forum

Constitution

34
Q

For purposes of Constitutional analysis, one of four circumstances must be present for the court to be able to exercise PJ. What are they?

A
  1. The defendant is a resident of the forum state
  2. The defendant is served with process in the forum state. BUT, the defendant cannot be lured fraudulently
  3. The defendant consents to the forum for PJ
    1. The defendant has minimum contacts with the forum state.
35
Q

D is a resident of the forum state for purposes of PJ if:

A

He is domiciled there. Domicile = presence there + intent to stay there.

36
Q

What are the two forms of consent a D can provide to be subject to a forum state’s jurisdiction.

A

Express or Implied consent
Express= eg. forum selection clause

Implied= failure to object or eg. car accident or tort in the state

37
Q

T or F PJ is established when a D is served within the forum state for purposes of PJ, but cannot be fraudulently lured into the state

A

True

38
Q

The defendant can be subject to PJ in a forum state if they have sufficient minimum contacts with the state. Describe the necessary circumstances that establish sufficient minimum contacts for purposes of PJ.

A
  • D must purposely avail himself to the state or make a conscious decision to reach out and establish contact with the state where the court sits.
  • A casual presence of a presence of a corporation or its agent in a state in single or isolated incidents is not enough to establish jurisdiction.
  • Acts of agents of the corporation, because of the nature, quality, and circumstances of their commission, may be sufficient. If the activities carried on by defendant corporation in the forum state are systematic and continuous rather than irregular or casual, then the defendant is subject to jurisdiction there.
  • iv. The party’s contacts with the state must be such that maintenance of the suit does not offend traditional notions of fair play and substantial justice. The relationship between the party and the state must be such that it is reasonable to require the corporation to defend the particular suit which is brought there.
39
Q

T or F A consumer’s unilateral act of bringing the defendant’s product into the forum state is not a sufficient basis for exercising personal jurisdiction over the defendant. Instead, it is the defendant’s conduct and connection with the forum state that determines whether it is reasonable for a defendant to be haled into court. Because Seaway and World-Wide had no contacts, ties or relations with the state of Oklahoma, jurisdiction would violate the Due Process Clause.

A

True see World Wide Volkswagon

40
Q

Venue is proper if

A

Venue is proper if the party has come to the right federal court within a particular state. Ex- California has 4 districts

41
Q

in what two ways can the P establish proper venue or how can it be established in a judicial district

A
  1. A plaintiff can lay venue in the judicial district where any defendant resides, so long as all defendants reside in the same state. Citizens domicile for residency.

Residency of non-natural persons is in any judicial district in which they are subject to personal jurisdiction.
–OR–
2. Venue in any district where a substantial portion of the events giving rise to the suit occurred. This can cover multiple
districts.

42
Q

If a P files the case in the wrong venue or improper venue, what can the judge do?

A

Transfer the case to an appropriate venue or dismiss the case

43
Q

If a plaintiff files in a proper venue: The judge can transfer the case to another venue if?

A

All parties agree to the transfer; or it would be substantially more convenient to litigate the case in another venue.

44
Q

T or F, trial and litigation costs can be calculated within the amount in controversy amount for purposes of diversity SMJ.

A

False, they cannot be included

45
Q

T or F, where venue is improper, if all parties consent to venue the case can be transferred to the improper venue.

A

True!

46
Q

Memory Device: PJ Rarely Causes Severe Mental Anguish

A 
R- state of residency 
C- Consent or Waiver 
S- Service of Process 
M- Minimum contacts 
A- At home general jurisdiction
47
Q

Supplemental Jurisdiction
A federal district court may hear claims that they would not ordinarily have jurisdiction
(e.g., state law claims that do not involve diversity jurisdiction) if those claims

A

if those claims arise out of the
same transaction or occurrence as a claim over which the court would have jurisdiction.

KEYS:

(1) the same transaction or occurrence; or
(2) a common nucleus of operative fact
* New parties cannot defeat diversity! Diversity always required!

48
Q

General jurisdiction

Specific Jurisdiction

A

general jurisdiction- Systematic and continuous contact with the forum

specific jurisdiction- Isolated contacts purposefully directed at the forum

49
Q

A defendant cannot reasonably anticipate out-of-state litigation unless she has purposefully availed herself
of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws.
FACTORS?

A

FACTORS
(1) the quantity of contacts with the state,
(2) the nature and quality of those contacts,
(3) the connection or relationship between
the contacts and the cause of action,
(4) the state’s interest in providing a forum

50
Q

Defer to the plaintiff’s assertion of damages unless

A

unless it is clear to a legal certainty that she can’t collect that much.

51
Q

A way for federal courts to hear claims for which they would NOT ordinarily have jurisdiction. Supplemental jurisdiction only exists in the situation where a lawsuit consists of more than one claim and?

A

and the federal court has valid jurisdiction (either diversity or fed Q) over at least one of the claims.
In that situation, if the federal claim and the other claims arise out of a “common nucleus of operative facts,” then the court may (but does not have to) exercise supplemental jurisdiction to hear
the other claims as well.

52
Q

When removal would be based on diversity jurisdiction, the case must be
removed within

A

one year from the date the suit was filed.

53
Q

The principal place of business is the state in which the corporation has its nerve center, or the place from which the corporation’s high level officers

A

corporation’s high-level officers direct, control,

and coordinate the corporation’s activities

54
Q

Personal jurisdiction can be based on:

A 
residency, 
consent, 
service, 
minimum contacts, or 
substantial business
55
Q

Minimum contacts (specific jurisdiction) requires three conditions:

A
  1. the defendant must have established a minimum contact with the forum state;
  2. the claim against the defendant must be related to that contact; and
    i. There must be a connection between the forum and the underlying controversy; an activity or an occurrence that takes place in the forum state
  3. the exercise of jurisdiction must not offend traditional notions of fair play and substantial justice
56
Q

Substantial business for PJ is a very high bar to clear: what are the requirements?

A
  1. The business activity in a particular state must be so significant that the company is essentially at home in that state
  2. A corporation would not be considered essentially at home, and thus subject to general jurisdiction, in a state in which it is not incorporated nor has its principal place of business
57
Q

Domicile requires

A

Domicile requires a physical presence in the state and the intent to remain in that state indefinitely.

Civil Procedure supp (3 decks)

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