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Capstone > Civ Pro Jurisdiction and Application of Law > Flashcards

Civ Pro Jurisdiction and Application of Law Flashcards

1
Q

What is required for a federal court to hear a case?

A

Subject-Matter Jurisdiction

Personal Jurisdiction

Proper Venue

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2
Q

Name the kinds of Subject-Matter Jurisdiction

A

Federal Question Jurisdiction

Diversity Jurisdiction

Supplemental Jurisdiction

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3
Q

What is Federal Question Jurisdiction

A

Under 28 U.S.C. 1331, the district courts have original jurisdiction over all actions arising under the Constitution, laws, or treaties of the United States.

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4
Q

What is the well-pleaded complaint rule and how does it apply to Federal Question Jurisdiction

A

The well pleaded complaint rule means the federal question at point is proposed by the plaintiff’s affirmative claims

In the context of supporting federal question jurisdiction, the well pleaded complaint rule bars federal subject matter jurisdiction on the basis of a defendant’s possible defense using federal law.

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5
Q

Can a violation of federal law provide federal question jurisdiction?

A

Not alone. For a violation of federal law to provide federal question jurisdiction the law must provide a remedy for a violation.

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6
Q

Can a state question involving federal law provide federal question jurisdiction?

A

Yes, only if the federal law has a SUBSTANTIAL impact on the state law question

i.e. Question of whether the IRS giving adequate notice as a part of a state property question

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7
Q

How is admirality jurisidiction substantiated? What does it require?

A

A maritime nexus:

(1) incident underlying the claim had a “potentially disruptive effect on martime commerce”

(2) there is a substantial relationship to traditional maritime activity.

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8
Q

Can a maritime claim only be heard by a federal court?

A

No, a maritime claim can be heard by a state court as a common-law claim. However, the remedies provided by federal law are unavailable.

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9
Q

What is a writ of habeas corpus?

A

A civil cause of action against the jailer or custodian of a person under confinement.

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10
Q

On what basis may a writ of habeas corpus be heard?

A

(1) Due Process Violations of either the 5th and 14th Amendments

(2) Violation of the prohibition of compelled self-incrimination of the 5th and 14th Amendments

(3) Violation of the prohibition against Double-Jeopardy in the 5th and 14th Amendments

(4) Violation of the prohibition against cruel and unusual punishment in the 8th Amendment

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11
Q

What are the other requirements for a proper writ of habeas corpus?

A

(1) brought within 1 year of the final judgement of custody

(2) exhuastion of all state remedies

(3) state court’s decision was either contrary to or an unreasonable application of federal law determined by the Supreme Court

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12
Q

What are the requirements for Diversity Jurisdiction?

A

(1) citizens of two different states

(2) amount in contention exceeds $75k

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13
Q

How is citizenship decided for the purpose of diversity jurisdiction?

A

Diversity is decided by:

If individuals: the domicile of the plaintiffs and defendants

If a corporation: the “nerve center” or principal place of business

If an association: each place where an individual member is domiciled

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14
Q

What determines the domicile?

A

Where someone lives and whether they intend to remain.

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15
Q

What does intent to remain mean?

A

Whether someone has moved somewhere and intends to stay indefinitely

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16
Q

How does domicile affect a non-American?

A

If they reside in the US under a green card (permanent resident), their domicile is determined the same way a citizen’s is.

If they are not a permanent resident, their domicile is their foreign State.

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17
Q

What is complete diversity?

A

Complete diversity means that the parties on either side are from different states

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18
Q

How does complete diversity affect class action suits?

A

Class action suits over 100 persons require only one plaintiff to be different from the defendant.

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19
Q

What may be included in the $75k requirement?

A

Attorney’s fees if a statute allows
But not litigation fees.

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20
Q

Can you aggregate claims to meet the $75k?

A

Yes, you can aggregate claims against a single defendant.

If there are multiple defendants you can only aggregate claims if they are common and undivided.

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21
Q

What is the circuit split regarding the $75k requirement?

A

A majority of circuits adopt a plaintiff’s viewpoint rule, meaning they look at the plaintiff’s viewpoint of value when deciding the amount in controversy.

The minority implement an “either viewpoint rule” which looks at the value of the consequences

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22
Q

How is an injunction used in determining the amount in controversy?

A

An injunction is determined by either the worth to the plaintiff or the cost to the defendant.

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23
Q

How can a defendant challenge the compensation for the purposes of Diversity Jurisdiction?

A

A defendant must prove that within a legal certainty, the total compensation will not exceed $75k

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24
Q

What are the two cases where a federal court will decline to exert Diversity Jurisdiction?

A

Probate cases and family law cases

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25
Q

When must diversity be proven?

A

Only at the beginning of a case. However, if the pleadings are amended or joinder is sought, diversity may be affected.

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26
Q

Does it matter why someone moved domiciles?

A

No, a person can move domiciles even if they intended to defeat Diversity Jurisdiction

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27
Q

How does Supplemental Jurisdiction work?

A

Supplemental Jurisdiction exists where a claim providing Federal Question or Diversity Jurisdiction coexists with a state claim.

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28
Q

How does a court determine whether a state claim arises from a common nucleus of operative fact?

A

By asking whether the claims are:

(1) logically related

(2) whether the logical relationship serves judicial economy

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29
Q

Can Supplemental Jurisdiction include claims on joinder or intervention?

A

Yes.

If the claims are based on Diversity Jurisdiction, the only reason Supplemental Jurisdiction may be used is if the third party claims do not meet the $75k requirement

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30
Q

Where the basis for jurisdiction is diversity, what are limitations on Supplemental Jurisdiction posed by joinder of plaintiffs?

A

There is no Supplemental Jurisdiction where:(1) a plaintiff is joined by Rules 14 or 24 and (2) diversity is destroyed by their joinder

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31
Q

When might a court decline Supplemental Jurisdiction?

A

(1) if the state issue raises a novel or complex issue of state law

(2) state law substantially predominates the claim

(3) the court dismissed the other claims over which it had jurisdiction

(4) exceptional circumstances

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32
Q

What is concurrent jurisdiction?

A

When a federal court has jurisdiction over a case that could have been brought in state court

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33
Q

What is removal?

A

When a case brought in state court is moved to federal court

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34
Q

Can a plaintiff move for removal?

A

No, only the defendant

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35
Q

What is the fraudulent joinder rule?

A

Where a plaintiff joins a defendent for the sole purpose of defeating diversity jurisdiction

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36
Q

What is the burden of proof for fraudulent joinder?

A

(1) no possibility of the plaintiff’s ability to establish a cause of action against a in-state defendant in that state

(2) outright fraud in the plaintiff’s pleading of the facts

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37
Q

How does removal affect diversity?

A

It requires diversity when the suit was brought and when the motion to remove was filed

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38
Q

What are the defendants rights with regard to removal?

A

Where the suit is brought outside of the defendant’s home state, they have a right to removal.

However, if they are within their home state, there is no risk and thus no right

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39
Q

If the suit is predicated on federal law, is a showing of diversity required for removal?

A

No

40
Q

How do you determine whether the state claim can be heard with the federal?

A

If the state claim arises out of a common nucleus of operative fact, a federal court can assert supplemental jurisdiction.

41
Q

When a claim involving a federal question is removed to federal court, what happens to a state claim over which a federal court does not have jurisdiction?

A

The case is removed and the federal court remands the state claim to state court

42
Q

How many defendants are required to remove a case?

A

All defendants

43
Q

How does a defendant move to remove a case?

A

(1) file a notice with the federal court in the district of the state court

(2) include a copy of the pleadings served to the defendant

(3) notify adverse parties

(4) file a notice with the state court

44
Q

What is the time limit on removal?

A

Notice to remove must take place within 30 days of the initial pleading

For diversity jurisdiction the time limit is extended to a year

45
Q

If the case is removed, what can the plaintiff do?

A

They may enter a motion to remand to state court.

If the purpose of remand is anything other than subject matter jurisdiction, there is a 30 day time limitation

46
Q

What is general jurisdiction?

A

The state has authority to allow any claim against a defendant provided the defendant has organized and continuous relationship with the state.

47
Q

What is specific jurisdiction?

A

The state has authority to hear a claim against a defendant only in a specific instance where the state is connected to the subject of the claim

48
Q

What are the three types of Personal Jurisdiction?

A

(1) In Personam - physical present in or minimum contact with the jurisdiction

(2) In Rem - property subject to the action inside the forum state

(3) Quasi In Rem - property attached to satisfy the judgement is within the forum state

49
Q

What are the two requirements to establish in personam jurisdiction?

A

(1) State Long-Arm Statute which provides a state court with the ability to exercise jurisdiction over individuals who transact, do business, contract for goods and services, or own and use real property within the state

(2) Constitutional Considerations

50
Q

What are the Constitutional Considerations?

A

(1) Residency

(2) Consent

(3) Service

(4) Minimum Contacts

(5) Substantial Business

51
Q

For in personam jurisdiction, how is residency determined?

A

The same way diversity is determined for subject matter jurisdiction

52
Q

What is consent for the purposes of in personam jurisdiction?

A

(1) agreement with the other party through a “choice-of-forum” clause

(2) non-resident conducts activities in a state which that state has an interest in regulating

(3) waiver by failing to challenge personal jurisdiction in a pre-trail motion or in an answer

53
Q

How may service provide in personam jurisdiction?

A

A person served properly in the forum state may be properly subject to personal jurisdiction. The stay does not have to be permanent but their visit cannot be compelled for the sole purpose of in-state service.

54
Q

What do minimum contacts entail?

A

(1) minimum contacts with the forum state exist

(2) the claim arises from those minimum contacts

(3) the exercise of jurisdiction will not offend traditional notions of fair play

55
Q

What are some examples of minimum contacts?

A

(1) the defendant’s contacts cause the harm in the forum state

(2) the defendant purposely avails themselves of the forum states laws (i.e. they are enjoying the protection and rights of those laws)

56
Q

Does placing a product into the stream of commerce create a minimum contact?

A

No

57
Q

If minimum contact exists, how does a court determine whether it is fair to litigate against the defendant in a forum state?

A

(1) burden to the defendant

(2) interest of forum state

(3) plaintiff’s interests in relief

(4) judicial efficiency

(5) the shared policy interests of states

58
Q

For in personam jurisdiction, how is substantial business determined?

A

The principal place of business is where substantial business occurs. This entails that a corporation is “essentially at home” within the forum state and the claims entail the business there.

59
Q

How may a court exercise in rem jurisdiction?

A

(1) real or personal property of value is within the state

(2) the court seizes that property

(3) the owner recieves proper notice

60
Q

Where the cause of action is domestic in nature, how can in rem jurisdiction be shown?

A

The forum state was the location of the:

(1) matrimonial domicile;
(2) the defendant abandoned the plaintiff there; or
(3) there was an agreement for support there

61
Q

What is required for quasi in rem jurisdiction?

A

(1) the real or personal property is within the state or territorial limits of the court

(2) the defendant owns the property

(3) the property is attached or seized

(4) the defendant is provided notice

62
Q

What analysis is quasi in rem jurisdiction subject to?

A

minimum contacts

63
Q

Why might quasi in rem jurisdiction be used in place of in personam?

A

The State Long-Arm Statute does not permit it

64
Q

What happens if a court improperly hears a claim without personal jurisdiction?

A

There can be no valid judgement but the decision is preclusive where the defendant waived its challenge or made the challenge and lost

65
Q

How is an action commenced?

A

(1) filing complaint with the court

(2) present summons to clerk

(3) clerk signs and seals the summons

66
Q

What is contained on a proper summons?

A

(1) clerk signature

(2) identity of court and parties

(3) directed to defendant

(4) state the name and address of either of the plaintiff’s attorney or plaintiff

(5) notify defendant of the time period within which appearance or filing an answer and the potential for a default judgment

(6) seal of the court

67
Q

When must service of summons occur

A

90 days

68
Q

Three ways to serve an individual?

A

(1) personal delivery by a third party

(2) leave process at usual place of abode with mature person who resides there

(3) serve the defendant’s agent

69
Q

How does a plaintiff request a waiver of service?

A

(1) in writing addressed to defendant

(2) sent by a reliable means

(3) copy of complaint

(4) identify the court

(5) inform of conscequences of waiving and not waiving service

(6) state the date of sending

(7) all the defendant reasonable time to waive: 30 for US and 60 for non-US

(8) provide an extra copy of the request and paid postage

70
Q

Is a defendant required to waive upon plaintiff’s request?

A

Yes, unless they are a minor or a government

71
Q

How long does defendant have to answer the complaint after waiver request?

A

60 days

72
Q

What are the conscequences of not signing the waiver?

A

(1) expenses incurred in serving

(2) attorney’s fees in any motion to collect expenses

73
Q

What happens if the defendant claims improper service?

A

(1) defendant must prove insufficiency prior to commencement of proceedings on the merits

(2) the court may dismiss for insufficient service even if defendant received notice absent proper service

74
Q

When is the venue proper?

A

(1) the suit is within the district where the defendant resides

(2) the suit is within the district where a substantial portion of the events in the claim occurred

(3) the district in which and defendant would be subject to personal jurisdiction if there is not another proper venue

75
Q

Can a defendant waive venue?

A

Yes either by failing to challenge at the onset or by consenting to personal jurisdiction

76
Q

How is proper venue calculated?

A

By personal jurisdiction, where a substantial part of the harms occurred, where plaintiff wishes to litigate, and burden to the defendant in litigating in the forum

77
Q

Why would a court transfer venue?

A

(1) the convenience of the parties and witnesses

(2) ease of access to proof

(3) calendar congestion

(4) other factors favor transfer

A movant must also show that the court which the action would be transferred to has both subject matter and personal jurisdiction

78
Q

What happens if venue is transferred for a more adequate court?

A

The same substantive law will be used in the transferee court

79
Q

What happens if venue is transferred under Sec. 1406(a)?

A

The law of the transferee court will be applied

80
Q

What is the difference between Sec. 1406(a) transfer and a “more adequate” transfer?

A

Sec. 1406(a) applies where the transferer court was never the correct venue while the “more adequate court” situation is where the initial court was a proper venue but just not the best.

81
Q

Define Forum non Conveniens

A

Forum non Conveniens permits a court to decline to exercise its jurisdiction if the court would be an inconvenient forum. A more adequate court may be a foreign country or different jurisdiction

82
Q

What is the difference between a court transfering and dismissing due to Forum non Conveniens?

A

If the court determines that a foreign court is better, the federal court will dismiss the action. If the better court is another federal jurisdiction the court will transfer the case.

83
Q

How does a change in substantive law affect a Forum non Conveniens determination?

A

A court may weigh a foreign court’s substantive law or inadequate remedy against dismissal for Forum non Conveniens

84
Q

What are the factors courts weigh for Forum non Conveniens?

A

Public interests:

(1) resolving disputes locally

(2) avoiding application of foreign law

(3) avoiding jury duty for a case that does not affect jury community

Private Interests:

(1) ease of access to evidence

(2) cost of witness attendance

(3) availability of compulsory process

(4) lessening the time and expense of a trial

85
Q

What is the Rules Decision Act?

A

It states that the US Constitution and federal laws supersede state laws

86
Q

When does the Erie Doctrine apply?

A

When the court has

(1) subject matter jurisdiction based on diversity or supplemental jurisdiction

(2) state law conflicts with the federal rule, procedure, or doctrine at issue

87
Q

Regarding the Erie Doctrine, what happens if there is a simultaneous state and federal procedure?

A

Determine whether the procedures may be complied with simultaneously

88
Q

Regarding the Erie Doctrine, what if the procedures cannot be complied with simultaneously?

A

Figure out the source of the federal procedure

89
Q

Under the Erie Doctrine, what happens if the federal procedure is sourced from the Constitution or federal statute?

A

Follow the federal procedure

90
Q

Under the Erie Doctrine, what happens if the federal procedure is under the federal rules of civil procedure?

A

Determine whether the federal rule abridges, modifies, or inflates a substantive right. If so, follow the state rule. If not, follow the federal rule.

91
Q

Under the Erie Doctrine, what happens if the federal procedure is due to federal practice or policy?

A

Determine whether it conflicts with state policy. If so, follow state policy.

92
Q

Under the Erie Doctrine, what test should be employed if a federal practice or policy does not conflict with state policy?

A

Balance whether the state issue is integral to the substantive rights and obligations at issue. If no, use federal procedure where there is less impact on the outcome. If yes, use state procedure

93
Q

Under the Erie Doctrine, what happens if the federal procedure is from federal common law?

A

Determine whether the issue comes from a maritime, admirality, contractual powers of the gov., or foreign relations. If not, state rules apply

94
Q

Under the Erie Doctrine, if state and federal laws are still in conflict in the federal common law, what happens?

A

Determine the nature of the right:

If substantive, apply state procedure

If procedural, apply federal procedure

95
Q

With Rule 14 impleader, how can a state claim be under a federal court’s supplemental jurisdiction?

A

If the state claim is contingent on the liability of the original federal claim

96
Q

Are state courts able to answer a certified question?

A

While federal courts are limited to hearing contentious claims, a state court may answer a certified question

97
Q

When jurisdiction is based on diversity, what are the limitations to Supplemental Jurisdiction posed by the joinder of claims?

A

If claims against the plaintiff are joined by Rules 14, 19, 20, or 24 a court may not exercise Supplemental Jurisdiction

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