FRCP Jdx and Venue

Question 1

What are the two main types of Subject-Matter Jurisdiction?

Answer 1

1) Diversity of Citizenship
2) Federal Question

Question 2

DIVERSITY JDX

Answer 2

Must be in excess of $75K
Citizens of Different State

Question 3

Adding Claims

Answer 3

• Plaintiff can ADD claims if one exceeds $75K
• Single Plaintiff can ADD claims against Single
  Defendant to reach $75K (Aggregation)

Question 4

Multiple Plaintiffs via Supplemental Jurisdiction?

Answer 4

• If a single plaintiff meets $75K, then other plaintiffs can join
• A single claum MUST exceed 75k

Question 5

Diversity Jurisdiction:

Answer 5

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

Question 6

Citizenship – Domicile:

Answer 6

Present location & Intent to stay

Question 7

Supplemental Jurisdiction

Answer 7

Common Nucleus of Operative Fact

Question 8

Well-Pleaded Complaint Rule:

Answer 8

Federal issue must be obvious

Question 9

What types of cases typically involve a Federal Question?

Answer 9

Cases arising under Federal Law
e.g. Admiralty/Maritime and IP

Question 10

Minimum Contacts Standard

Answer 10

Suit does not offend traditional notions of Fair Play & Justice

For Corps
* Purposeful Availment
* Systematic & Continuous Activities

Question 11

What is In Rem Jurisdiction?

Answer 11

Jurisdiction over an object/property

Question 12

Quasi in Rem Jurisdiction

Answer 12

Going after property to satisfy a judgment against an individual

Question 13

100 Mile Bulge Rule

Answer 13

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

Question 14

Service

Answer 14

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

Question 15

Removal

Answer 15

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

Not allowed for state agencies

Question 16

Who can remove a case to federal court?

Answer 16

Only DEFENDANT may remove and ALL defendants must agree

Question 17

Remand

Answer 17

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

Question 18

Proper venue for a federal case

Answer 18

1) Where any defendant resides
2) Where substantial part of events took place
3) Where there is Personal Jurisdiction over defendant

Question 19

Improper venue

Answer 19

Judge must dismiss OR transfer in the interest of justice

Question 20

Transfer of Venue by Consent

Answer 20

Both parties must consent