Civil Procedure Flashcards
(35 cards)
What are the 3 types of Federal Subject Matter Jurisdiction?
(1) Federal Question
(2) Diversity of Citizenship
(3) Supplemental Jurisdiction
Why can a federal court only hear cases where it has subject matter jurisdiction?
Because federal courts are courts of limited jurisdiction.
When does Federal Question Jurisdiction exist?
When the claim arises under (a) federal law, (b) the U.S. Constitution, or (c) a U.S. treaty.
What does Federal Question Jurisdiction require?
- P must be enforcing a federal right.
- Federal question MUST be present on the face of a well pled complaint.
- Raising a defense under federal law is NOT sufficient.
What are the 2 requirements of Diversity of Citizenship jurisdiction?
(1) Complete diversity of citizenship at the time the action is commenced (No P can be from the same state as any D); AND
(2) Amount in controversy exceeds $75,000.
Based on damages alleged in good faith in
the Complaint, UNLESS it’s legally certain
that the P cannot recover the specified
amount.
How is citizenship determined?
Citizenship is determined by domicile.
How is citizenship determined for the 4 different types of parties?
(1) Natural Person: (1) residence, and (2) subjective intent to make the state their permanent home.
(2) Corporation: Has dual citizenship → the principal place of business + any
state where it is incorporated.
(3) Unincorporated Association: Deemed
to be a domiciliary of the state of every
partner/member/owner.
(4) Executor/Personal Representative:
Citizenship is that of the decedent or
person being represented.
How is the amount in controversy determined for diversity jurisdiction?
The amount in controversy exceeds $75,000.
- It is based on the damages alleged in good faith in the Complaint, UNLESS it’s legally certain that the P cannot recover the specified
amount.
How does injunctive relief apply to the amount in controversy for diversity jurisdiction?
Injunctive Relief = the amount of the benefit to P or cost of compliance for D.
Can claims be aggregated for the amount in controversy for diversity jurisdiction?
May aggregate claims against one D (or against multiple Ds if they are jointly and severally liable).
What is supplemental jurisdiction?
Supplemental jurisdiction allows a party to bring a state claim in Federal Court that does not meet the requirement of Subject Matter Jurisdiction.
When may a federal court exercise supplemental jurisdiction?
A Federal Court may exercise Supplemental Jurisdiction when such claim arises from a common nucleus of operative fact as the
other claims the court has SMJ over (the claims must arise out of the same transaction or
occurrence).
What are the limits of supplemental jurisdiction?
− Supp. Jurisdiction CANNOT be used to
overcome a lack of diversity.
− It CANNOT be asserted if it would violate
complete diversity.
When may a court decline to exercise supplemental jurisdiction?
A court MAY decline to exercise Supp. Jurisdiction
when:
a) a claim raises a novel or complex issue of State
law;
b) a claim substantially predominates over the
other claims which the court has SMJ;
c) the court dismissed all claims that had federal
SMJ; OR
d) in exceptional circumstances.
What is the Domestic Relations Exceptions to Federal SMJ?
Federal courts MUST decline jurisdiction if a case primarily involves
domestic relations matters (divorce, alimony, child
custody/support issues).
− But, a court should NOT decline jurisdiction
when a domestic relations matter/issue is ancillary to the case.
What are the requirements for a defendant to remove a case to federal court?
A defendant MAY remove a case to Fed. Court (in the district where the state court case was originally filed) if:
1) The federal court has SMJ;
2) All defendants agree;
3) No defendant is a resident of the forum state;
AND
4) Removal is sought within 30-days of service of
the Summons or receiving the initial pleading
(whichever is shorter).
*A plaintiff CANNOT remove a case to Fed. Court.
What is the definition of an Abstention Doctrine?
Federal courts MAY abstain
from hearing a case when it would intrude upon the powers of another court.
Additionally, a court may stay a case arising from ambiguous state law to await the outcome of a pending state court case.
What are the 4 different Abstention Doctrines?
(1) Pullman Doctrine - discretion to abstain when
a case arises from unsettled areas of state law, and a state court interpretation may remove the need to decide the case on federal grounds.
(2) Younger Doctrine – court may abstain from
hearing constitutional challenges to a state
action when it would interfere with a state
judicial proceeding.
(3) Colorado River Doctrine – court should abstain
when parallel (substantially the same) state and federal litigations are pending.
(4) Burford Doctrine – abstaining is appropriate if
federal adjudication would interfere with a state’s
administration of a complex regulatory scheme.
What is Personal Jurisdiction?
Fed. Courts must have PJ over a party for its judgment to be binding.
− Fed. Courts can exercise PJ to the same extent as the State courts where the federal district court is located.
What are the 2 categories of Personal Jurisdiction?
Personal Jurisdiction falls into 2 categories:
1) Traditional bases of jurisdiction; and
2) Long-arm Jurisdiction.
What are the traditional bases of Personal Jurisdiction?
Traditional Bases of Jurisdiction:
a) Domicile;
b) Presence in the state when served;
c) Consent; OR
d) Waiver (appearing in the action without objecting).
*The above comports with Due Process requirements.
What are the requirements of long arm jurisdiction?
Long Arm Jurisdiction – To assert PJ over a nonresident:
1) The State must have a Long-Arm Statute; AND
2) Comply with Constitutional Due Process Requirements – D has sufficient minimum contacts with the forum state so as not to offend
traditional notions of fair play and substantial justice.
What are the 2 prongs of Constitutional Due Process Requirements for personal jurisdiction?
i) Prong 1 - Minimum Contacts (contacts + relatedness) – Either:
a) General Jurisdiction – contacts so substantial and of such nature that D is essentially at home; OR
i. Individuals = domicile in state
ii. Corporations = where Corp. is “at home” (usually where incorporated or headquartered).
b) Specific Jurisdiction – connection between forum state and underlying controversy AND lawsuit must relate/arise from D’s contact with the state. i. Regularly occurring product sales in a state DOES NOT justify jurisdiction of a claim unrelated to those sales.
ii) Prong 2 - Fair Play & Substantial Justice (fairness) – Must be fair and reasonable for D to be sued in the forum state.
Service of Process & Notice - Timing
Summons & Complaint MUST be served on D
within 90-days after filed with the court.
− Otherwise, the court must → (a) dismiss the
action without prejudice against that D; OR (b)
order that service be made within a specified
period of time.
