Civ Pro Flashcards
(48 cards)
What are the two steps in the personal jurisdiction analysis?
- Satisfy a state statute AND
2. Satisfy the constitution.
What is the requirement for constitutional analysis of personal jurisdiction?
“Such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.
What are clear cases where there is personal jurisdiction?
Domiciled in the forum.
Consents to PJ
Is voluntarily present in the forum when served with process.
What are the factors to be considered where there is not a clear case of personal jurisdiction?
- CONTACT Purposeful availment Foreseeability - RELATEDNESS General v. Specific - FAIRNESS Only in specific jurisdiction Burden/convenience State's interest P's interest
How is contact assessed for the purposes of PJ?
- The contact must result from purposeful availment: it must be D’s voluntary act.
- Foreseeability: It must be foreseeable that D could get sued in this forum.
How is relatedness assessed for the purposes of PJ?
The P’s claim must arise from D’s contact with the forum.
What is specific personal jurisdiction?
Where the P’s claim arises from D’s contact with the forum, even if the D doesn’t have much contact with the forum. (D is not domiciled in the forum.)
What is required for general personal jurisdiction?
The D must be “at home,” which is in the state in which someone is domiciled.
Where is a corporation domiciled?
- Where incorporated.
2. Where it has principle place of business.
What are the requirements for “fairness” of personal jurisdiction?
Burden on D and witnesses.
State’s interest in providing a courtroom for it’s citizens.
Plaintiff’s interest.
What does the D have to prove in order to show it would be unfair to have a different forum than the one requested by P?
D must show that it will put him and his witnesses at a severe disadvantage in the litigation.
Is the relative wealth of either party determinable in a fairness question?
No.
In what kind of cases is fairness a factor?
Only in specific personal jurisdiction cases.
What are in rem and quasi in rem jurisdiction?
Power is not over D himself, but over D’s property in the forum. Must be attached by the court at the outset of the case. But to be constitutional, D’s contacts w/ the forum must meet the constitutional test applied in in personam.
What is the basic question being covered by subject matter jurisdiction?
Whether the court hearing the case has jurisdiction.
What kinds of cases can a state court hear?
Any, just about. Exceptions are: patent infringement, bankruptcy, some federal securities, and anti-trust claims.
What are the two main types of cases that a federal court can hear?
Diversity of citizenship.
Federal question
What are the two requirements for Diversity of Citizenship and Alienage cases?
- The case is either (a) between citizens of different states or (b) between a citizen of a state and a citizen of a foreign country.
- The amount in controversy exceeds $75,000.
What is the complete diversity rule?
No diversity if ANY P is a citizen of the same state as ANY D.
What is the rule if the alien has permanent citizenship and is domiciled in the same state as the opposing party?
If that is the case, then there is no diversity.
In how many places can a person be domiciled?
Only one.
How can a person establish a new domicile?
- Physical presence there AND
- The intent to make that your new permanent home.
Intent looks at all relevant factors: ex taking a job, buying a house, joining civic organizations, registering to vote, qualifying for in state tuition.
In how many places can a corporation be domiciled, and what are they?
Two.
- The state or country where incorporated AND
- The state or country of its principal place of business.
In how many places can an unincorporated association (partnership or LLC) be domiciled, and what are they?
Same as the citizenship of ALL its members. (E.g. if LLC has partners in 25 states, then domiciled in all 25 of those states.) Incorporation or principal place of business DO NOT matter for this.
