Civ Pro SMJ, PJ, Service, and Venue Flashcards
(29 cards)
What are the two ways to obtain SMJ?
Diversity if Citizenship or Federal Question
What is the amount in controversy requirement for diversity of citizenship?
Court must have “legal certainty” that the amount will be in excess of $75k.
Diversity of Jurisdiction (multiple plaintiffs)
Case exceeds 75k and complete diversity of citizenship. No plaintiff may be a citizen of the same state as any defendant.
Federal Question (SMJ)
Plaintiff’s claim must be based on federal law and well-pleaded complaint rule: federal issue must be obvious.
What are federal question cases?
admiralty, maritime, intellectual property, copyright, trademark, and patent.
Supplemental jurisdiction requirements?
Test for smj first. New party cannot destroy diversity of citizenship(tested a lot).
Supplemental Jurisdiction (allowed)
compulsory counterclaim, joinder in compulsory counterclaim, cross-claim, impleader of 3rd party defendants.
Supplemental Jurisdiction (not allowed)
original plaintiff vs. 3rd party defendant, compulsory joinder, joinder of defendants, intervention.
Personal Jurisdiction (general rules)
present/personally served, domiciled, consent.
What is a long-arm statute?
It gives courts the power to reach out-of-state persons
What is the minimum contacts standard?
Suit does not offend traditional notions of Fair Play and Justice. Defendant could reasonably anticipate litigation.
What is minimum contacts (corporations)
Purposeful availment and systematic and continuous activities.
What is In rem jurisdiction?
Jurisdiction over an object/property
What is quasi in rem jurisdiction?
Going after property to satisfy a judgment against an individual.
What are service of process requirments?
Only in the state limits where district court sits or anywhere allowed by long-arm statute.
What is the 100 Mile Bulge Rule?
Out-of-state service allowed within 100 mile radius of the court house. Only for out-of-state 3rd party defendants/indispensable parties.
Proper ways to serve process
personal service by non-party, at home with person of suitable age, first class mail, authorized agent, and state law methods.
Out-of-Sate Service of Process
Mail and newspaper if no other reasonable way.
Service of Process Corporations
Officer or Designated Agent or anyone of sufficiently high placement.
*sufficiently high placement(vice president, registered agent, ceo emeritus.
Who can remove a case?
Only defendant my remove, ALL defendants must agree
Removal Timing
Filed within 30 days of service of the complaint
Removal (Diversity Cases)
Case cannot be removed more than 1 year after start, defendant cannot remove if he is a citizen of forum state.
Remand Timing (Plaintiff)
Within 30 days of filing notice of removal. Defendant has the burden to show Removal was proper
Proper Venue Requirements
Where any defendant resides, if all defendants reside in same state, where substantial part of events took place. ONLY if 1 and 2 DONT Apply, where there is personal jurisdiction over defendant.
