Are we in the right court? Flashcards
(57 cards)
Personal jurisdiction basic rule
Personal jurisdiction is the courts power over the parties. P filed –> consented to PJ. For D –> must (1) fall within a state statute and (2) satisfy constitutional due process
PJ Constitutional Step Rule
1) Contact - purposeful availment + foreseeability;
2) Relatedness - Claim arises out of or relates to D’s contact (If not related –> general PJ at home/registered business statute)
3) Fairness - Specific PJ only. Burden on D/witnesses, state interest, P’s interest
Notice of service consists of:
1) Summons - formal court notice
2) copy of complaint
who can serve process?
any person who is at least 18 and NOT a party to the action
When must process be served?
(If service in US) within 90 days of filing. May be extended for good cause
How can process be served on an individual within the US?
1) Personal - anywhere
2) Substituted - usual place of abode + suitable age/discretion + resides there
3) Service on Agent - in scope of agency
4) State law - any method allowed in the state where federal court sits OR where service is made
How can process be served on a business/org in the US?
1) To an officer or managing/general agent
2) Any method allowed in the state where federal court sits OR where service is made
How can process be served on a minor/incompetent person in the US?
ONLY by a method permitted by law of the state in which service is to be made
How can process be served on parties in a foreign country?
1) method allowed by international agreement
OR if no such agreement on point (subject to requirement that method be reasonably calculated to give notice)
2) as directed by the US Court;
3) method allowed by foreign country law;
4) method directed by foreign official in response to a letter of request from the US Court;
5) Personal service in the foreign country (unless prohibited by its law);
6) Mail sent by the clerk of the US court, requiring signed receipt (unless prohibited by the foreign country’s law).
What is an effective waiver of process?
1) P mails D notice and request to waive, including:
- copy of complaint
- TWO copies of waiver form
- prepaid means of returning form
2) D executes and mails waiver to P within 30 days (60 days if D outside US)
3) P files the waiver in court. For timing purposes, act as though D was served on the day P filed
Penalty for failing to waive service
If D did not have good cause, D must pay costs of service
How to prove service of process
Process server files report with the court detailing how service was made. If a civilian, report by affidavit. Failure to file report does not affect the validity of service
When is D immune from being served
If the defendant goes to State X to appear as a party, witness, or attorney in a different civil case in State X, the defendant cannot be served with process for a civil case in federal court in State X.
How are other documents (not service of process) served?
Deliver/mail to party’s attorney/pro se party. Email OK IF parties agree. Service complete when mailed.
SMJ basic rule
Court’s power over the case. Limited to federal Q and diversity of citizenship
Cases that STATE courts CANNOT hear
Patent infringement, bankruptcy, some federal securities, antitrust.
Can a lack of SMJ be waived?
NO. If federal court hears a case it has no SMJ over, judgement is void
Diversity of citizenship rule
1) Complete diversity - Between citizens of different US states (diversity) OR between citizen of US state and citizen of foreign country (alienage)
AND
2) amount in controversy exceeds 75k
When is SMJ tested?
When case is filed
Citizenship of natural person
U.S citizen is a citizen of the ONE U.S state in which she is domiciled (physical presence + intent to make that place home for indefinite future)
Citizenship of a corp
ANY state/country of incorporation
AND
the ONE state/country it has PPB (nerve center - where managers direct, coordinate, control business activity)
Citizenship of unincorporated association (partnership, LLC, etc.)
Citizenships of ALL its members (general and limited partners included)
Citizenship of dependents, minors, and incompetents
Their own citizenship, NOT their representative’s citizenship
Class action citizenship
Citizenship of named representative(s) of the class
