Civ Pro Flashcards
(28 cards)
Jurisdiction Generally
For a court to exercise jurisdiction over a matter, it must have:
1) Subject Matter Jurisdiction,
2) Personal Jurisdiction, and
3) Proper Venue
Subject Matter Jurisdiction
Subject Matter Jurisdiction is the court’s power to decide this kind of case. Federal courts are courts of limited subject matter j, while state courts are generally courts of general and unlimited smj.
Subject Matter Jurisdiction consists of either federal question jurisdiction or diversity jurisdiction.
Pleading SMJ
Basis for SMJ must be affirmatively plead in every case and parties cannot waive SMJ.
Parties can raise a lack of SMJ at any time, including for the first time on appeal..
SMJ - Federal Q
Federal Question Jurisdiction exists when there is an issue of federal law in the plaintiff’s well-plead complaint. The well plead complaint contains the Plaintiff’s claims and their necessary elements. It does not include any anticipatory defenses or responses.
SMJ - Diversity
Diversity Jurisdiction is a subcategory of subject matter jurisdiction under which federal courts may hear cases from diverse parties where the amount in controversy exceeds 75,000.
Absent an exception, complete diversity must exist such that each plaintiff is diverse from each defendant. Diverse parties are those not citizens of the same state. Individuals are citizens of the state of domicile.
Diversity J - What is Domicile
Domicile for an individual means permanent residence with an intent to remain there, or put otherwise no intent to leave. Citizenship for a corporation is its place of incorporation as well as the location of its executive offices.
Diversity J - Amount in Controversy & Aggregation
The amount in controversy must be a good faith allegation that the amount is greater than 75k.
Aggregation – adding smaller claims to exceed 75k
* 1P vs 1D–P can aggregate all claims, related or not
- 1 P vs 2 or more D–P may not aggregate claims against multiple Ds (unless they are jointly liable—then treated as 1D). Claims against ea D must total more than 75k
- 2 or more Ps vs 1 D–Ps may not aggregate claim against D, unless enforcing a single title or right. Each P must be seeking more than 75k from the D.
Removal
Removal moves cases from state court to federal court
An action in state court may be removed to federal court by the defendant. Removal is proper only if the case could have originally been originally brought in federal court. If jurisdiction of the federal court is based on diversity only, then the claim may be removed only if no defendant is a citizen of the state in which the action was filed.
Supplemental J
A court that has proper jurisdiction over a claim may exercise supplemental jurisdiction over additional claims that it would not have SMJ over but that arise out of a common nucleus of operative fact.
When the district court’s subject-matter jurisdiction for a claim is based on the existence of a federal question, additional claims against the same party can be heard by the court through the exercise of supplemental jurisdiction if the common-nucleus-of-operative-fact test is met. Common nucleus of operative fact means the same transaction or occurrence.
Supplemental J and Counterclaims
A court that has proper jurisdiction over a claim may exercise supplemental jurisdiction over additional state-law claims that it would not have SMJ over but that arise out of a common nucleus of operative fact.
Where the court’s jurisdiction is based on diversity and the defendant counterclaims, if the counterclaim is compulsory and brought be the defendant (arises out of the common nucleus of operative fact as the P’s claim) it need not meet the amount in controversy requirement.
However, if it is permissive or a plaintiff’s counterclaim (does not arise out of the same transaction/occurrence), it can only be heard if it independently satisfies the diversity and amt in controversy requirements.
Supplemental J and Cross Claims
A cross-claim may be asserted by a defendant against another defendant or by a plaintiff against another plaintiff if the cross-claim arises out of the same transaction or occurrence as the initial claim, without regard to the amount in controversy or the citizenship of the parties to the cross-claim as long as the court has subject matter jurisdiction over the original complaint. A cross-claim falls under the supplemental jurisdiction of the court.
Personal Jurisdiction
Personal Jurisdiction is the court’s power to exercise jurisdiction over this particular defendant. Personal Jurisdiction may be either general or specific.
There are three types of personal jurisdiction:
1) In Personam J: against the person
2) In Rem J: Against the Property/Thing
3) Quasi In Rem J: “sort of” against the thing
General In Personam Personal Jurisdiction
General Personal Jurisdiction may be found through several bases including domicile, the defendant’s voluntary presence in the jurisdiction and service of process (absent fraud or trickery), consent—typically through express consent as in a contractual term or implied through a motor vehicle statute, and through waiver which may occur when a defendant voluntarily appears in court or by motion without contesting the court’s jurisdiction.
IF general jurisdiction over the defendant exists, a defendant may be sued on any claim in the forum, even if the claim is unrelated to the defendant’s forum activities.
Bases for General in Personam J
1) Physical presence w/in state & Service of process on D while she is knowingly and voluntarily physically present in the state. Exceptions:
o If person was in state only to answer a summons
o Persons brought to state by force or fraud
2) Domicile. Domicile is independent of physical presence. Domicile is residence with intent to stay indefinitely for individuals and is the state(s) where a corporation is incorporated and where it has its principle place of business.
3) Consent. Express or Implicit (not raising the issue). Consent may be given by appt of an agent for receiving process or by contract.
4) Waiver. for instance, where the defendant enters a general appearance in the suit
4)
Specific In Personam J
Specific personal jurisdiction exists when the plaintiff’s claim arises out of or relates to the defendant’s forum activities. In order to exercise specific personal jurisdiction over a non-resident defendant, two requirements must be satisfied:
(1) the forum state must have granted the court power over the defendant (what does the long-arm statute say), and
(2) the exercise of that power must comport with the requirements of constitutional Due Process.
To determine whether the exercise of power comports with the requirements of constitutional Due Process, the court must determine that the defendant has sufficient minimum contacts with the state THAT ARE RELATED TO THE LAWSUIT and that the assertion of jurisdiction does not offend traditional notions of fair play and substantial justice.
To analyze whether the defendant has sufficient minimum contacts with the state, the court considers, for example, whether the defendant caused harm in the state, did business in the state, OR had an interest in real property in the state.
To analyze whether the assertion of jurisdiction would offend traditional notions of fair play and substantial justice, courts look at five factors: (1) the burden on the defendant of defending itself in the forum; (2) the plaintiff’s interest in obtaining relief in the forum; (3) the interests of the forum state; (4) the interstate judicial system’s interest in obtaining the most efficient resolution of disputes; and (5) the shared interests of the several states in furthering substantive social policies
Minimum Contacts
Minimum contacts are required to establish specific in personam jurisdiction such that jurisdiction comports with the requirements of constitutional due process.
To analyze whether the defendant has sufficient minimum contacts with the state, the court considers, for example, whether the defendant caused harm in the state, did business in the state, OR had an interest in real property in the state.
Factors for the analysis of whether jurisdiction would offend traditional notions of fair play and substantial justice in specific in personam J
(1) the burden on the defendant of defending itself in the forum; (2) the plaintiff’s interest in obtaining relief in the forum; (3) the interests of the forum state; (4) the interstate judicial system’s interest in obtaining the most efficient resolution of disputes; and (5) the shared interests of the several states in furthering substantive social policies
Federal Exceptions to Specific in Personam J
Generally, fed cts follow state long-arm stautes of states in which they sit
Exceptions are all federal rules that extend in personam j of fed cts beyond state boundaries
1) Federal interpleader act (statutory interpleader) authorizes nationwide service of process and service anywhere in US est. personal J, where for a fed ct, relevant j is the U.S. as a whole
2) Bulge Provision–Allows service anywhere w/in 100 miles of fed cthouse even in in another state, in 2 situations: 1) Impleading 3rd party D’s under rule 14 and 2) Joining necessary parties under rule 19
3) Unusual Provision where a D not subject to personal j in any state ct. This is used rarely, most relevant w/ foreign d’s w/ no particular contact w/ a particular state
o When P is suing under fed law and no state has j over this d, fed ct can exercise j so long has d has minimum contacts with US as whole
In Rem Jurisdiction
Relevant where the suit is against property.
A suit can be brought against a piece of property so long as 1) the property is located in the state where you are suing and 2) the suit will settle all claims to the property.
Quasi in Rem J
Suit to adjudicate the claim to property of a particular D or d’s; subject matter of the suit may or may not be related to the property as long as minimum contacts exist
Quasi-in-rem actions are subject to the same minimum contacts test as applies to personam J
* When the proeprty is the subject of the suit, it will constitute an imporant “minimum contact” btwn the d and the forum, and j will probably be permitted as a matter of specific in personam j
* When the property is not the subject of the suit, ownership of property in the state is not nearly enough to est. general j over the d.
Service
The federal rules provide that service of process may be made by following the law of the forum state for service of process.
These rules for service always allowed
1. In-hand personal delivery
2. Leaving the summons at the d’s dwelling or usual place of abode w/ a person of suitable age and discretion
3. Delivery of summons to an authorized agent, and
4. For persons in foreign countries, by mail req. a signed receipt.
NOTE that service by mail to attorney of record is generally not accepted unless state law provides.
Service to Minors
Service to minors is allowed when service is on the minor and on the guardian
Service to an Adjudicated Incompetent
Service must be made on incompetent and guardian
Service to a Partnership
Service on a general partner, attorney in fact, or authorized agent
