Civil Procedure Flashcards
Domicile: Natural Persons
For a natural person, domicile is determined by the party’s:
(1) residence (physical presence in the state); AND
(2) subjective intent to make the state their permanent home.
Domicile continues until changed. Both residence and intent must be established concurrently for a change in domicile; the mere change of one without the other is not sufficient.
If a person resides in more than one state for an extended period of time, then the court will review factors, such as:
-the person’s residence,
-voter registration/records,
-vehicle registration,
-location of bank accounts, and
-place of employment.
Domicile: Corporations
A corporation has dual citizenship, and is deemed to be a domiciliary of:
(1) the state of its principal place of business (the corporation’s “nerve center” – where officers direct, control, and coordinate the corporation’s activities); AND
(2) any state where it is incorporated.
Usually, a corporation’s principal place of business is its designated headquarters.
Domicile: Partnerships, LLC’s, Associations, & Proprietors
A partnership, sole-proprietorship, limited liability company (LLC), or unincorporated association is deemed to be a domiciliary of the state of every partner/member/owner.
Specific Jurisdiction: Commercial Sales
Specific jurisdiction exists when the suit arises out of or relates to the defendant’s contacts with the forum state. There MUST be a connection between the forum state and the underlying controversy (principally, an activity or an occurrence that takes place in the forum state).
Regularly occurring sales of a product in a state DOES NOT justify the exercise of jurisdiction over a claim unrelated to those sales.
Specific Jurisdiction: Internet Websites
Specific jurisdiction exists when the suit arises out of or relates to the defendant’s contacts with the forum state. There MUST be a connection between the forum state and the underlying controversy (principally, an activity or an occurrence that takes place in the forum state).
With respect to conduct via the internet, a court will consider how interactive the website is. Generally, the more interactive a website is, the more likely a court will find personal jurisdiction. A passive website (one that contains only information) has been held to be insufficient to subject the owner to jurisdiction. Courts have held jurisdiction to be proper where defendants could reasonably anticipate that defamatory comments posted online would target readers in plaintiff’s home state.
Specific Jurisdiction: Personal Relationship to the Forum
Specific jurisdiction exists when the suit arises out of or relates to the defendant’s contacts with the forum state. There MUST be a connection between the forum state and the underlying controversy (principally, an activity or an occurrence that takes place in the forum state).
When a cause of action arises from personal/domestic relations, a temporary visit or brief stopover to a State DOES NOT satisfy the minimum contacts requirement (even if the spouses were married during the visit).
Specific Jurisdiction: Fair Play and Substantial Justice
The burden is on the defendant to show that it would be so unreasonable to defend himself in the forum state that it would constitute a violation of Due Process.
The court will consider:
- the burden on the defendant of litigating in the forum state,
- the state’s interest in providing a forum;
- the plaintiff’s interest in a convenient forum for obtaining relief; and
- the interests of the judicial system to efficiently resolve disputes.
Service of Process on an Individual
An individual may be served by delivering the Summons and Complaint:
(a) to the individual personally;
(b) to someone of suitable age and discretion at the individual’s current dwelling or usual place of abode;
(c) to an agent authorized by appointment or by law to receive service of process; OR
(d) in accordance with the state law of the forum state or where service is made.
Service upon a Corporation, Partnership, or Association:
A corporation, partnership, or unincorporated association may be served:
(a) in accordance with state law of the forum state or where service is made; OR
(b) by delivering the Summons and Complaint to an officer (i.e. CEO), managing agent, general agent, or authorized agent (by appointment or by law) of the corporation.
Service upon a Foreign Defendant:
Generally, a foreign defendant may be served by any manner not prohibited by international agreement. However, a foreign corporation, partnership, or association CANNOT be served by personal service.
A court CAN authorize service via e-mail if: (1) no international agreement prohibits it; AND (2) it satisfies due process (reasonably calculated to notify the defendant of the action and give him an opportunity to object).
Venue: Residence Rules
An individual’s residence is determined by their domicile (residence + intent to make place their permanent home).
A business entity’s residence includes ALL districts where it is subject to personal jurisdiction.
A non-resident of the U.S. (alien or U.S. citizen living outside the U.S.) may be sued in any judicial district.
Venue: Tort Actions
For tort actions, venue is proper where the alleged tortious acts occurred, but venue is NOT proper where the only connection is that medical treatment for injuries was received in the judicial district.
Are Forum Selection Clauses Enforceable?
YES: Generally, a court will enforce a contractual forum-selection clause to transfer venue, UNLESS special factors are present (i.e. significant/unusual hardships or inequality of bargaining power).
Additionally, the Supreme Court has held that a forum-selection clause is an important factor favoring a change of venue, even if the forumselection clause is unenforceable under the applicable state law.
A pleading that states a claim for relief MUST contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction (unless the court already has jurisdiction and the claim needs no new jurisdictional support);
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; AND
(3) a demand for the relief sought (which may include relief in the alternative or different types of relief).
In responding to a pleading, a party MUST:
(1) state its defenses to each claim asserted against it (in short and plain terms); AND
(2) admit or deny the allegations asserted against it by an opposing party.
