Crash Course

Question 1

Personal Jurisdiction

Answer 1

Power over the defendants

Question 2

Subject Matter Jurisdiction

Answer 2

Power over the case

Question 3

Venue

Answer 3

Geographical Location

Question 4

Types of Personal Jurisdiction

Answer 4

In Personam: Forum has personal jurisdiction over D

In Rem: Forum has power to adjudicate over a particular piece of property. The defendants are not personally bound.

Quasi in Rem (Type 1): court adjudicates rights of parties in property based on property being in forum; close connection between case and property provides minimum contacts

Quasi in Rem (Type 2): court attaches property to bring defendant into forum on unrelated claim; defendant must have minimum contacts with forum.

Question 5

Statutory Requirements for Personal Jurisdiction

Answer 5

State law must authorize jurisdiction. Usually, this is done if the defendant:

• is served with process in the state
• is domiciled in the state
• conducts systematic and continuous buisness in the state such that they are “at home”
• consents to jurisdiction
• commits an act covered under the state’s long arm

Question 6

Constitutional Limitations on Personal Jurisdiction

Answer 6

1. Traditional rule—physical power
2. Modern due process standard—contact and fairness

Defendant must have such minimum contacts with the forum such that the exercise of personal jurisdiction over him is fair and reasonable. Consider whether defendant purposefully availed himself of the benefits and protections of state law and whether he could have anticipated being brought into state court. Notice also required.

Question 7

Subject Matter Jurisdiction

Answer 7

Diversity of Citizenship and $75,001
Federal Question

Supplemental Subject Matter Jurisdiction on one of the above.

Question 8

Complete Diversity

Answer 8

Every defendant lives in a different state than every plaintiff.

Question 9

Alienage Jurisdiction

Answer 9

Citizen of U.S. state and foreign citizen.

Question 10

Citizenship of Individuals

Answer 10

Their domicile.

Question 11

Citizenship of Corporations

Answer 11

Every state/country where incorporated and one state/ country of principal place of business, which is the place from which the corporation’s high-level officers direct and control its activities.

Question 12

Citizenship of Unincorporated Businesses

Answer 12

Citizenships of its members.

Question 13

Citizenship of Legal Representatives

Answer 13

Domicile of the represented person.

Question 14

Citizenship of Class Actions

Answer 14

Domiciles of the named members.

Question 15

Citizenship of Nonresident U.S. Aliens

Answer 15

Not a citizen of any state and not an alien.

Question 16

Supplemental Jurisdiction

Answer 16

When one claim has original jurisdiction, a supplemental claim that arises from the same common nucleus of operative fact as the original jurisdiction claim such that the claims should be tried together may be attached even if it lacks subject matter jurisdiction of its own.

Question 17

Amount in Controversy

Answer 17

Does not include interest and costs or counterclaims but attorneys’ fees and interest that are recoverable by statute or as part of claim are included.

One plaintiff may aggregate claims against a single defendant but may not do so with separate claims against multiple defendants.

Question 18

Counterclaim Jurisdiction

Answer 18

Compulsory counterclaim may invoke supplemental jurisdiction.

Permissive counterclaim needs original jurisdiction.

Question 19

Cases that Can Never Go Federal

Answer 19

No probate, divorce, alimony, or child custody cases.

Question 20

Federal Question Jurisdiction

Answer 20

The federal question must appear in complaint and there must be an implied federal right of action possible.

OR

There must be a specific statutory grant of exclusive federal jurisdiction (i.e. patent law).

Question 21

Venue

Answer 21

Venue is proper in the federal district where any defendant resides (if all defendants reside in same state), where a substantial part of events or omissions occurred, or where a substantial part of property situated. Venue is waivable.

Question 22

Residence for Venue Purposes

Answer 22

Individuals—domicile

Business entities—where subject to court’s personal jurisdiction

Nonresidents—any judicial district

Question 23

Removal Jurisdiction

Answer 23

A defendant may remove a case to a federal court in the same venue as the state court where the case was filed if the case satisfies the requirements for original jurisdiction.

Question 24

Methods of Service of Process

Answer 24

Personal Service
Abode Service
Service on Agent
State Service Rule
Waiver of Service by Mail

Question 25

Interlocutory Injunctions

Answer 25

Maintain Status Quo Until Trial

Question 26

Compulsory Counterclaims

Answer 26

Arises out of same transaction or occurrence; must be pleaded.

Question 27

Rule 11

Answer 27

Attorney certifies proper purpose upon presenting paper to court.

Question 28

Compulsory Joinder

Answer 28

Court cannot accord complete relief without absentee Absentee has interest that will be impaired by lawsuit Parties are at substantial risk for multiple or inconsistent judgments without absentee

Question 29

Permissive Joinder

Answer 29

Arises out of same occurrence and transaction and common question of law or fact, but could be brought in a separate action.

Question 30

Cross-Claims

Answer 30

Co-partners may sue each other for claims arising out of same transaction or occurrence and supplemental jurisdiction will be available.

Question 31

Automatic Disclosures

Answer 31

Initial disclosures—generally disclosure of witnesses who support claims or defenses and materials that support claims or defenses Disclosure of expert testimony—testifying experts and their reports must be disclosed Pretrial disclosures—trial witnesses, depositions to be used at trial, exhibits, etc.

Question 32

Rule 26(f) Conference

Answer 32

Scheduling Discovery

Question 33

Jury Trial

Answer 33

Right to jury trial—7th Amendment Federal Jury size—at least six, no more than 12 jurors Jury instructions—objections must be made before jury retires Jury verdicts—general (for plaintiff or defendant and amount of damages) or specific (jury makes findings on material issues of fact)

Question 34

Summary Judgment

Answer 34

If no genuine dispute of material fact, party entitled to judgment as a matter of law (no trial necessary).

Question 35

Judgment as a Matter of Law

Answer 35

Aka directed verdict Evidence viewed in light most favorable to nonmoving party. Witness credibility is not considered Standard—evidence is such that a reasonable jury would not have a legally sufficient basis to find for the party on that issue.

Question 36

Res Judicata

Answer 36

aka Claim Preclusion A final judgment on the merits bars claimant from asserting same claim in later action.

Question 37

Collateral Estoppel

Answer 37

aka Issue Preclusion A judgment binds parties (or their privies) in subsequent actions between them as to issues actually litigated and essential to judgment in first action.