FRCP

Question 1

FRCP 4(k)

Answer 1

What does this rule have to do with long arm statute? Ask Rave

Question 2

What is in FRCP 4?

Answer 2

The summons process and requirements

Question 3

28 U.S. Code § 1331

Answer 3

Federal Question Jurisdiction. “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”

Question 4

28 U.S.C. § 1332

Answer 4

Diversity of citizenship and amount in controversy.

Question 5

28 U.S.C. 1332(a)

Answer 5

Exceeds $75,000 in controversy

Question 6

28 U.S.C. 1332(a)(1)

Answer 6

citizens of different States

Question 7

28 U.S.C. 1332(c)(1)

Answer 7

A corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business

Question 8

28 U.S.C. 1367

Answer 8

Supplemental Jurisdiction

Question 9

28 U.S.C. 1367(a)

Answer 9

Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

Question 10

28 U.S.C. 1367(b)

Answer 10

(if original jurisdiction is premised solely under 1332, then ask whether applying SJ over any supplemental claims would be inconsistent with 1332.)

“In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.”

Question 11

28 U.S. Code § 1367(c)

Answer 11

If 1367(a) and (b) are met, (c) gives reasons why court may not exercise jurisdiction (ask rave if this is correct)

Question 12

28 U.S.C. § 1441(a)

Answer 12

Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

Question 13

28 U.S.C. § 1441

Answer 13

Removal Statute

Question 14

28 U.S.C. § 1441(b)(2)

Answer 14

A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.

Question 15

28 U.SC. 1441((c)(1)(A)-(B)

Answer 15

(1)If a civil action includes—

(A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title), and

(B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute,

the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B).