Civil Procedure

Question 1

What is the requirement for Personal Jurisdiction in federal court?

Answer 1

Defendants must have certain minimum contacts with the forum state that do not offend traditional notions of fair play and substantial justice

Contacts must be purposeful, voluntary, and beneficial, allowing the defendant to reasonably apprehend being summoned to court.

Question 2

What are the three types of matters federal courts have Subject Matter Jurisdiction over?

Answer 2

1. Diversity
2. Federal Question
3. Claims under the Federal Supplemental statute

Question 3

What are the two requirements for Diversity Subject Matter Jurisdiction?

Answer 3

1. Complete diversity between the parties
2. The claim must exceed $75,000

Question 4

When is Diversity determined?

Answer 4

At the time the action is commenced, not when the claim arose

Question 5

What is the two-part test for determining domicile of persons?

Answer 5

1. Presence
2. Intent to remain indefinitely

Question 6

What are the two factors for determining the domicile of corporations?

Answer 6

1. Place of incorporation
2. Principal place of business

Question 7

What defines a Federal Question claim?

Answer 7

Claims that arise under the US Constitution, its laws, or treaties, based on the Plaintiff’s well-pleaded complaint

Question 8

What is the policy rationale for Supplemental Claims in federal court?

Answer 8

To facilitate judicial economy and convenience to the parties

Question 9

What must not happen for the court to hear Supplemental Claims?

Answer 9

Claims must not destroy Diversity

Question 10

What is the process for removal of a case to federal court?

Answer 10

Defendant must file a notice of removal within 30 days of the initial pleading or service of summons

Question 11

What are the requirements for the notice of removal?

Answer 11

Must be based on the Plaintiff’s complaint and the federal court must have Subject Matter Jurisdiction

Question 12

What are the three criteria for determining Venue in federal court?

Answer 12

1. Where all the defendants reside
2. Where the claim arose
3. Where any defendant is subject to the court’s personal jurisdiction

Question 13

What is the time frame for service after the complaint is filed?

Answer 13

Within 90 days

Question 14

What methods of service are allowed in federal court?

Answer 14

Any proper method allowed by state procedural laws where the federal court sits

Question 15

What are the acceptable locations for serving a defendant?

Answer 15

In hand, last and usual dwelling or place of abode, or authorized agent

Question 16

What motion can be filed if service is proper/defective?

Answer 16

12B motion to dismiss