Civil Procedure _ Jurisdiction & Venue Flashcards by Shyam Patel

Subject-Matter Jurisdiction

SUBJECT-MATTER JURISDICTION

1) Diversity of Citizenship
2) Federal Question

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Amount in Controversy

SUBJECT-MATTER JURISDICTION

Must be in excess of $75K
Court must have** “legal certainty”**

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Adding Claims

SUBJECT-MATTER JURISDICTION

Plaintiff can ADD claims if one exceeds $75K
Single Plaintiff can ADD claims against Single Defendant to reach $75K

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Multiple Plaintiffs:

SUBJECT-MATTER JURISDICTION

If Single Plaintiff meets $75K then other plaintiffs can join
Cannot join if no Single Claim exceeds $75K

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Class Action

One named member must meet $75K

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Diversity Jurisdiction

1) Case exceeds $75K
2) Complete Diversity of Citizenship

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Definition – Diversity of Citizenship

SUBJECT-MATTER JURISDICTION

No plaintiff may be a citizen of the same state as any defendant

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Citizenship – Domicile

SUBJECT-MATTER JURISDICTION

Present location & Intent to stay

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Foreign Citizens

SUBJECT-MATTER JURISDICTION

US Citizen + Foreign Citizen = Diversity
Two Foreign Citizens = NO Diversity

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Corporation – Domicile

SUBJECT-MATTER JURISDICTION

State of incorporation AND
Principal place of business

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Joining Parties:

SUBJECT-MATTER JURISDICTION

CANNOT join a party just to obtain Diversity

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Federal Question

SUBJECT-MATTER JURISDICTION

Plaintiff’s claim must be based on federal law
Well-Pleaded Complaint Rule: Federal issue must be obvious

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AdaptiTip
Is federal issue as a defense a federal question?

SUBJECT-MATTER JURISDICTION

Federal Issue as a defense is NOT a federal question

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Federal Question Cases:

SUBJECT-MATTER JURISDICTION

Admiralty
Maritime
Intellectual Property

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Define Supplemental Jurisdiction

SUPPLEMENTAL JURISDICTION

Supplemental Jurisdiction
May add claims without subject-matter jurisdiction if **they arise **from a “common nucleus of facts”

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Diversity Cases:

SUPPLEMENTAL JURISDICTION

New party cannot destroy diversity of citizenship

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Supplemental Jurisdiction – Allowed:

SUPPLEMENTAL JURISDICTION

1) Compulsory Counterclaim
2) Joinder in Compulsory Counterclaim
3) Cross-claim
4) Impleader of 3rd Party Defendants

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Supplemental Jurisdiction – NOT Allowed: (4)

SUPPLEMENTAL JURISDICTION

1) Original Plaintiff vs. 3rd Party Defendant
2) Compulsory Joinder
3) Joinder of Defendants
4) Intervention

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Supplemental Jurisdiction & Discretion:

SUPPLEMENTAL JURISDICTION

Court has DISCRETION to apply
Supplemental Jurisdiction

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AdaptiTip -
if D tries to add - Yay or Nay?
if P trying to add - Yay or Nay?

SUPPLEMENTAL JURISDICTION

If defendant is trying to add, generally ok
If the plaintiff is trying to add, generally not ok

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PERSONAL JURISDICTION
- definition

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Definition – Personal Jurisdiction:
* In personem
* Ability to bring the individual into court

{Personal Jurisdiction}
General Rules:

PERSONAL JURISDICTION

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1) Present/ Personally Served
2) Domiciled
3) Consent

AdaptiTip
- Will the court be able to get PJ if you are in a state for a different proceeding or because of fraud?

PERSONAL JURISDICTION

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If you are in the state for a different proceeding or because of fraud, the court will not be able to get personal jurisdiction

Long-Arm Statute:

PERSONAL JURISDICTION

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Gives courts the power to reach out-of-state persons

Minimum Contacts Standard | PERSONAL JURISDICTION

1) Suit does not offend traditional notions of Fair Play & Justice 2) Defendant could Reasonably Anticipate litigation

Minimum Contacts – Corporations: | PERSONAL JURISDICTION

* Purposeful Availment * Systematic & Continuous Activities

IN REM JURISDICTION | IN REM JURISDICTION

Jurisdiction over an object/property

Quasi in rem Jurisdiction: | QUASI IN REM JURISDICTION

Going after property to satisfy a judgment against an individual

Service of Process: | SERVICE OF PROCESS

1) Only in the state *where district court sits* **OR** 2) *Anywhere allowed by long-arm statute*

100 Mile Bulge Rule: | SERVICE OF PROCESS

1) Out-of-state service allowed within 100 mile radius 2) Only for out-of-state 3rd party defendants/indispensable parties

Service of Process & Notice: | SERVICE OF PROCESS

* Method **must** give **adequate NOTICE**

Proper Ways to Serve Process: | SERVICE OF PROCESS

1) Personal Service by non-party over 18 2) At Home with person of suitable age 3) First Class Mail 4) Authorized Agent 5) State Law Methods

# (Acronymn Thingy) AdaptiTip Remember, don’t get stung by** A WASP** | SERVICE OF PROCESS

**A** - Abode **W** - Waiver **A** - Agent **S** - State method **P** - Personal service

Out-of-State Service of Process | SERVICE OF PROCESS

1) Mail 2) Newspaper if no other reasonable way

Service of Process – Corporations: | SERVICE OF PROCESS

1) Officer or Designated Agent 2) Anyone of sufficiently high placement ## Footnote Examples: Not high placement o Intern o Guy in mail room Sufficiently high placement o Vice President o Registered Agent o CEO Emeritus

~ Define Removal ~ | REMOVAL & REMAND

When a State Court case could have originally been brought in Federal Court

AdaptiTip: Who is removal not allowed for? (S____ . A ____) | REMOVAL & REMAND

Removal is not allowed for state agencies

Who Can Remove: | REMOVAL & REMAND

1) Only DEFENDANT may remove 2) ALL defendants must agree

Removal – Timing: | REMOVAL & REMAND

* Filed within 30 DAYS of service of Complaint

Diversity Cases: | REMOVAL & REMAND

1) Case cannot be removed more than 1 year after start 2) Defendant cannot remove if he is a citizen of forum state

Multiple Claims: | REMOVAL & REMAND

* If one claim is removable, then the entire case can be removed

Definition – Remand | REMOVAL & REMAND

Plaintiff wants to bring case back to State Court after improper Removal

Remand – Timing: | REMOVAL & REMAND

* Within 30 DAYS of filing of Notice of Removal * Defendant has burden to show Removal was proper

Definition – Venue | VENUE

The proper Federal District Court for the case

Proper Venue exists: | VENUE

1) Where any defendant resides, *if all defendants reside in same state* 2) Where substantial part of events took place **ONLY IF 1 & 2 DON’T APPLY:** 3) Where there is Personal Jurisdiction over defendant

Venue – Corporations: | VENUE

1) Principal place of business 2) Any district in state of incorporation

AdaptiTip: Venue is based on where **{_______}** resides | VENUE

Venue is based on where **DEFENDANT** resides

Transfer of Venue – Proper Venue | VENUE

1) Court may TRANSFER to another district 2) For the convenience of parties & interest of justice 3) Law of original venue will apply

Transfer of Venue – Improper Venue: | VENUE

1) Judge must dismiss OR transfer in the interest of justice 2) Transfer to any district where the case could have originally been brought

Transfer by Consent: | VENUE

* Both parties must consent

Dismissal for Improper Venue: | VENUE

* If the more convenient forum is a foreign country

Civil Procedure _ Jurisdiction & Venue Flashcards

(51 cards)