Fed Civ Pro Flashcards
personal jurisdiction
- power over the parties
PJ is clearly constitutional if ∆ is
- domiciled in the forum OR
- consents OR
- voluntarily present in the forum when served with process
there must be relevant contact between ∆ and the forum state… 2 factors to be addressed
- contact must result from purposeful availment, not required that the ∆ set foot in forum (∆ must reach out to the forum in some way)
- it must be foreseeable that ∆ could be sued in the forum
specific jurisdiction
where the claim arises from ∆’ contact with the forum
general jurisdiction
∆ must be at home in the forum and may be sued there for a claim that arose anywhere in the world
where is a human at home
where domiciled
where is a corporation at home
- state of incorporation
2. PPB
fairness factors for jurisdiction are only assessed in what kind of cases
specific jurisidction
determining fairness of jurisdiction
- relative wealth of the parties not determinative
- even if hard for ∆ to get to the forum it is C unless ∆ can show that it puts her at a severe disadvantage in the litigation
in a specific jurisdiction case, how do we determine whether jurisdiction is fair
- burden on ∆ and Ws
- state’s interests (always implicated if P is citizen of forum state)
- P’s interests
diversity of citizenship and alienage cses
- case is either i) between citizens of different states OR ii) between a citizen of a state and a citizen of a foreign county AND
- amount in controversy exceeds $75k
complete diversity rule
no good if any P is a citizen of the same state as any ∆
how do you establish a new domicile
- physical presence in the state
2. intent to make the state one’s permanent home
timing for citizenship
citizenship at time complaint is filed
citizenship of corporation
all states or nations where they are incorporated and state or nation of PPB
- thus corporation can be citizen of 2 states at a time
corporation’s PPB
where managers direct, coordinate and control business activities
citizenship of unincorporated company
shares citizenship with all members
citizenship of decedents, minors, incompetents
representative’s citizenship is irrelevant, us the citizenship of the decedents, minors, incompetents
amount in controversy
- must exceed $75k not including costs or interest
- look to what P claims in good faith, not to what they recover
aggregation of claims for amount in controversy
- aggregate claims of one P against ∆ even if claims are unrelated
cases a federal court will not hear
divorce, alimony, probate, child custody
federal question cases
claim in P’s complaint arises under federal law
- citizenship of parties irrelevant
- amount in controversy irrelevant
SMJ over additional claims
diversity and F? cases get into federal court… once there additional claims may be asserted as long as there is SMJ over them (F? or diversity)
supplemental jurisdiction
- if not F? or diversity can still come in if the case is already there