Jurisdiction and Venue Flashcards

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1
Q

How is federal subject matter jurisdiction determined?

A

By diversity, federal question, supplementary jurisdiction or a statute that confers jurisdiction.

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2
Q

What is the definition for personal jurisdiction?

A

A state may confer jurisdiction over persons through general jurisdiction or specific jurisdiction.

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3
Q

What is general jurisdiction?

A

A state may confer jurisdiction over a defendant if the defendant is domiciled in the state, consents to the jurisdiction or is present in the jurisdiction.

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4
Q

How is one present in the jurisdiction?

A

If they are actual, physical and voluntary present in the state or has continuous and systematic contacts with the state.

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5
Q

Can service in a state confer jurisdiction?

A

Yes. it confers general jurisdiction via presence.

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6
Q

What does it mean to have continuous and systematic contacts with the state?

A

The defendant has continuous and systematic contacts in the state, and it is not unfair or very inconvenient for the defendant to defend a suit there it is essentially at home.

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7
Q

How is a defendant’s domicile determined if it’s a person?

A

A person is domiciled in one state, where they have their permanent home or intends to stay indefinitely.

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8
Q

How is a corporation’s domicile determined?

A

A corporation has two domiciles: (1) the state in which it is incorporated and (2) the state where its principal place of business is located.

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9
Q

What is specific jurisdiction?

A

A court may confer jurisdiction over a non-resident if that non-resident has specific contacts with the state and or the state has a long-arm statute that provides jurisdiction.

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10
Q

When is personal jurisdictional constitutional?

A

Personal jurisdiction is constitutional if the defendants engaged in such minimum contacts that it would not offend traditional notions of fair play and substantial justice.

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11
Q

How is minimum contacts determined?

A

If the defendant purposefully availed itself of the forum

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12
Q

Does the mere selling of goods into the forum state support jurisdiction?

A

Maybe. Under the O’Connor view, goods in the stream of commerce do not confer jurisdiction. In other views, the selling of goods is considered purposeful availment.

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13
Q

What is necessary for diversity jurisdiction?

A

Both parties must be citizens of different states and the amount of controversy must be greater than $75,000

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14
Q

Can a plaintiff aggregate claims to achieve $75,000?

A

Yes. If the plaintiff is against multiple defendants, the plaintiff may aggregate claims

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15
Q

What is federal question?

A

A federal question is an issue that arises under federal law or a state law that raises a substantial federal question.

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16
Q

How can a plaintiff plead a federal question?

A

It must appear on the face of a well-pleaded complaint.

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17
Q

What is the well-pleaded complaint rule?

A

The federal issue must appear on the face of the plaintiff’s complaint.

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18
Q

How does one determine citizenship for the purpose of diversity?

A

Where an individual or corporation is domiciled.

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19
Q

Can foreigners sue eachother?

A

No. An alien who is not admitted as a permanent resident may not sue another pure alien.

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20
Q

Can a permanent resident alien sue a resident of the same state?

A

No. An alien admitted as a permanent resident may not sue a resident of the state in which hey are domiciled under diversity jurisdiction.

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21
Q

How can a plaintiff with multiple claims achieve the amount in controversy?

A

The plaintiff can add the claims together to achieve greater than $75,000.

22
Q

How can different plaintiffs achieve the amount in controversy?

A

One of the plaintiff’s claims must be over $75k, if not the plaintiffs cannot aggregate all of their claims together to achieve $75k

23
Q

When can the federal court assert supplemental jurisdiction over a state claim?

A

When the federal claim and the state claim arise out of a common nucleus of operative facts.

24
Q

When can a federal court decline to assert supplemental jurisdiction over a state claim?

A
  1. If the claim raises a novel or complex issue of state law.
  2. The state claims predominate substantially over the claims which the district court has original jurisdiction.
  3. The district court has dismissed all of the claims over which it has original jurisdiction or,
  4. In exceptional cases when there are other compelling reasons for declining jurisdictions.
25
Q

When is removal proper?

A

Defedndants may remove an action from sate court to the federal court that geographically embraces it if the plaintiff could have initially brought the case in federal court.

26
Q

When can a defendant not remove a case?

A

If he is sued in his home state and the only basis for removal is diversity.

27
Q

If there is more than one defendant, how can a defendant remove?

A

All defendants must agree to remove the case.

28
Q

How does a defendant file a removal package?

A

They must first file a proper notice of removal, which contains a short and plain statement under Rule 11 in federal court where the action is pending and a notice must be sent to the other parties and the state court.

29
Q

When must the notice of removal be filed?

A

Within 30 days of when the defendant receives a paper from which he should realize the case is removable.

30
Q

In a diversity case, are there limitations on removal?

A

Yes. A defendant may not remove a case more than one year after the original action was filed.

31
Q

How can a plaintiff dispute removal?

A

File a motion to remand due to failure to comply with procedural requirements of the rule within 30 days after the removal or they waive their objection.

32
Q

When should a federal court abstain from hearing a state court?

A

Only when the state court’s resolution of unsettled state law issues may obviate the necessity of resolving a difficult federal issue.

33
Q

How does a plaintiff begin a lawsuit?

A

A plaintiff must first file a copy of the complaint and summons, with the court and get a copy back that is stamped and bears the court’s seal. The plaintiff will then serve a copy of the summons and complaint on the defendant within 90 days or ask the defendant to waive service. After service the plaintiff files a proof of service with the court.

34
Q

Who can serve the defendant in federal court?

A

Any person who is 18 years old and not a party, including attorneys!

35
Q

When must a defendant be served?

A

A defendant must be served within 90 days after the complaint is filed. If the complaint is not served the court will dismiss without prejudice.

36
Q

How must the paper be served to an individual?

A

By following the state law method where the federal court is located or where service is made, delivering a copy of each to an agent appointed by defendant or law, by delivering a copy of the summon and complaint to the individual personally, or by leaving a copy of the summons and complaint at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there.

37
Q

How can a corporation be served?

A

By a state law method or delivering it to an officer, a managing or general agent, authorized or any other agent appointed to receive service.

38
Q

How can a foreign corporation be served?

A

Service may be made by any means directed by the court so long as it is not prohibited by international agreement. It must be reasonably calculated to give notice.

39
Q

When can you raise an objection to service?

A

It must be raised in the first responsive pleading.

40
Q

How does one determine the corporation’s principal place of business?

A

By it’s nerve center, where its high-level officers direct control, and coordinate its activities.

41
Q

When does the forum defendant rule not apply?

A

When the subject matter jurisdiction also arises from federal question jurisdiction.

42
Q

What is the forum defendant rule?

A

The forum defendant rule prohibits removal when subject-matter jurisdiction arises solely from diversity jurisdiction and a defendant is a citizen of the state in which the case was filed.

43
Q

How can a defendant waive service?

A

Plaintiff sends complaint in writing, addressed to the defendant, names court where complaint is filed, provides copy of the complaint, and two waiver forms and prepaid means to return form.

44
Q

How many days does a defendant have to waive service?

A

30 days or if the defendant is abroad 60 days.

45
Q

When is venue proper?

A

Under 28 U.S.C. 1391, venue is proper when the case is brought in any federal district where: (1) any defendant resides, if defendants all reside in the same state (2) substantial part of events giving rise to claim occurred or property at issue is located or (3) any defendant is subject to court’s personal jurisdiction

46
Q

When can you transfer to another venue?

A

When venue is proper, a district court may transfer case to any other proper venue for convenience of parties/witnesses and in the interest of justice.

47
Q

What is a compulsory counterclaim?

A

One that arises from the same transaction or occurrence as the opposing party’s claim and does not require adding a party over whom the court cannot acquire jurisdiction, which must be asserted in the pending lawsuit or it is waived.

48
Q

What is a permissive counterclaim?

A

All other counterclaims, not related to the same transaction or occurence, which may be asserted in teh pending lawsuit or in future litigation.

49
Q

what is forum conveniens?

A

If a case should be litigated in a different forum a court may dismiss the case.

50
Q

How can a plaintiff remand a case to state court?

A

File a motion to remand to state court due to failure to comply with procedural requirements of the rule.