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Flashcards in Civ Pro 1 - Jurisdiction and Venue Deck (37)
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1

Federal Question SMJ

When the fair reading face a P's well-pleaded complaint pleads a violation or question of federal law.

2

Fed Question inside a state law claim

Is permissible if:
(1) fed question is actually in dispute
(2) demands the expertise of federal judges and ought to be resolved uniformly as possible
(3) the issue is not so commonly present in state law actions that fed courts would take a large part of the state's traditional jrdx

3

Diversity Jrdx

(1) parties who are citizens of different states
(2) Amount in controversy is greater than $75,000, to a legal certainty

4

Diversity - Timing

Only has to be met at time the suit is filed. But if a complaint is amended to ad or dismiss a party, this can affect the diversity.

5

Diversity - "Completeness"

None of the plaintiffs can be citizens of the same state as any of the defendants. Except in some class actions.

6

Diversity Citizenship - Individuals

Citizen of the state they physically reside in and intent to remain there indefinitely.

7

Diversity Citizenship - Corporations

Citizen of both state it's incorporated in and where it has its principal place of business, aka it's nerve center, where the corp's officers direct, control, and coordinate the corp's activities.

8

Diversity Citizenship - Unincorporated Associations

Is the citizenship of all of the members of the association. For a class action though its state under whose laws it is organized and the state where it has its principal place of business.

9

Amount in Controversy - Aggregation

Multiple claims against a single defendant, they get added up. If multiple claims against multiple defendants, they don't get added up.

10

Supplemental Jrdx

Is over a claim that arises out of the same case or controversy as a claim that the fed court has fed question or diversity jrdx over.

11

Supplemental - Anchor claim is Diversity

Then the P can't get supp. jrdx against a 3rd party brought in by the D or P can't get supp jrdx against other D's he's suing just by having diversity jrdx against one of them.

12

Removal

D has a right to remove a case from state to fed court if the P could have originally brought the case in fed court.

13

Removal Based on Diversity

All of the D's must be diverse from the P. Also, none of the D's can be members of the forum state.

14

Removal - Timing

Notice must be filed in fed court within 30 days of service of the initial pleading or 30 days after a complaint has been amended in a way that now makes it removable. A case removable on the basis of diversity cannot be removed more than 1 year after its commencement

15

Removal - Timing, Multiple D's

The 30 days starts when the last D was served, and all D's can join in the last D's removal.

16

3 Types of Personal Jurisdiction

(1) In Personam jrdx
(2) In Rem jrdx
(3) Quasi in Rem jrdx

17

In Personam Jrdx

D has physical presence in or relationship of contacts with the forum state.

18

In Rem Jurisdiction

The subject of the lawsuit is land or real property located within the forum state.

19

Quasi In Rem Jurisdiction

P seeks to attach real or personal property owned by D to be used to satisfy any judgment against the D.

20

In Personam Jrdx

(1) State law of state court sits in has to grant personal jrdx over D.
(2) PJ over D has to comply with due process.

21

5 Types of Personal Jrdx that Comply with Due Process

(1) Residency
(2) Consent
(3) Service in the forum state
(4) Minimum contacts with the forum state
(5) Substantial business in the forum state

22

In Personam - Residency

(1)The D lives in the forum state with intent to remain there.
(2) If corp they're incorporated there or headquartered there.
(3) Other associations if they maintain a HQ or principle place of business there.

23

In Personam - Consent

(1) Appearance - D appears in court without objecting to PJ.
(2) Contract - choice-of-forum clauses in contracts D signed
(3) Appointment - some states require businesses doing business in the state to appont a local agent to receive service of process.

24

In Personam - Service

If D is physically served in the jrdx. Can't trick them into coming and can't do it if they're in the forum state to participate in a legal proceeding.

25

In Personam - Minimum Contacts

Contacts are purposeful availment. Things that are minimum contacts include causing the harm int eh state, doing business in the state, interest in real property in the state. Claim against D must arise from those contacts and exercising jrdx over D cannot offend traditional notions of fair play and substantial justice.

26

In Personam - Substantial Business

The business in the state must be so significant that the company is essentially at home in the state.

27

In Rem Jurisdiction

Based on the interests of a particular piece of property located within the forum state. Must have:
(1) Real or personal property of value;
(2) Property must be located within the forum state;
(3) Court must seize the item; and
(4) The owner of the property must have received proper notice

28

Quasi In Rem Jurisdiction

The attachment of real or personal property is part of the relief requested. Must have:
(1) Property located within the forum state
(2) D owns the property
(3) Property is being attached or seized
(4) D has been provided proper notice of the proceedings.

29

Service of Process

(1) Must serve summons and copy of complaint.
(2) Must be served within 120 days of filing the complaint unless P can show good cause.
(3) Must be served by someone not a party to the suit who's over 18

30

How to serve process

By service rules of the state being served in or state in which suit has been filed. Or by FRCP 4.