Jurisdiction

Question 1

SMJ

Answer 1

diversity or federal question

Question 2

diversity

Answer 2

1) suit must be in excess of 75k (legal certainty) (can add multiple claims; one p and one d to reach the threshold)

2) complete diversity- no p can reside in same state as d at all times

Question 3

federal question

Answer 3

federal law, etc.

Question 4

if one plaintiff has the amount,

Answer 4

other plaintiffs can join

Question 5

class action

Answer 5

one named member meets 75k, then the rest are good

Question 6

domicile

Answer 6

citizenship with intent to remain

Question 7

Foreign citizens

Answer 7

US Citizen plus foreign citizen creates diversity

Question 8

two foreign citizens

Answer 8

no diversity

Question 9

corporation

Answer 9

state of incorporation and ppb

Question 10

cannot join a party…

Answer 10

just to obtain diversity

Question 11

federal questions

Answer 11

p’s claim must be based on federal law

Question 12

well-pleaded complaint rule

Answer 12

federal issue must be obvious

Question 13

federal issue as a defense is not

Answer 13

federal questions

Question 14

federal question cases

Answer 14

maritime, admiralty, intellectual property

Question 15

supplemental jdx

Answer 15

case itself may add claims without smj if they arise from a common nucleus of facts

Question 16

diversity supplemental

Answer 16

same operative of common nucleus of facts, but new party cannot destroy diversity of citizenship

Question 17

if federal question supplemental

Answer 17

it can come in after common nucleus

Question 18

if defendant is one trying to add claim or party,

Answer 18

generally supplemental will be allowed

Question 19

if plaintiff,

Answer 19

generally will not be allowed to

Question 20

court- supplemental jdx

Answer 20

court discretion

Question 21

personal jurisdiction

Answer 21

can you get an individual into court

Question 22

elements

Answer 22

1) person is present in the state (if you get served while in the state)- EXCEPT if physically there because of fraud, court suit

2) Domicile

3) consent to be sued there

4) long arm statute- state can reach out of state persons

Question 23

long arm statute

Answer 23

even if allowed, are there sufficient minimum contacts that it would not violate due process

Question 24

minimum contacts- corp

Answer 24

does not offend traditional notions of fair play and justice; such activity that i could reasonably anticipate to litigate in that state

did they purposely avail themselves of the service of the state or it is systematic and continuous of that state

Question 25

in rem jdx

Answer 25

not trying to get individual, but rather a property

Question 26

quasi in rem

Answer 26

going after property to satisfy a judgment over an individual and you could not get the individual

Question 27

service of process

Answer 27

allowed only in the limits of the state where district sits or anywhere allowed under state law (long arm)

Question 28

100 mile bulge provision

Answer 28

out of state service will be allowed to out of state anywhere within 100 mile radius only if you are trying to bring in as additional parties

Question 29

how is service of process done?

Answer 29

1) personal service (over 18 nonparty) 2) substitute- at home with suitable age (think maturity) 3) first class mail- mail is okay if d returns an acknowledgement 4) agent 5) state method that allows

Question 30

out of state

Answer 30

registered or certified mail or newspaper

Question 31

can you serve a public official?

Answer 31

yes. then gives it to defendant

Question 32

serving corp

Answer 32

officer or designated agent of the company; anyone of sufficiently high placement

Question 33

removal

Answer 33

in state court to federal court

Question 34

removal will be okay if

Answer 34

it could have been in federal court

Question 35

has to be in a state court;

Answer 35

not allowed if in a state agency

Question 36

only d may remove

Answer 36

to federal court

Question 37

multiple ds- removal

Answer 37

all must join the notice of removal

Question 38

notice of removal must be

Answer 38

filed within 30 days from the orginal complaint

Question 39

1 year rule of removal

Answer 39

if it is diversity cannot be removed more than 1 year after the start of the lawsuit

Question 40

diversity case home plate d

Answer 40

cannot remove if he is a citizen of that state

Question 41

multiple claims and one can be removable

Answer 41

all can be removed

Question 42

remand

Answer 42

from federal court to state court if they believe it was improperly removed

Question 43

plaintiff does the

Answer 43

remanding

Question 44

remand

Answer 44

30 days within removal notice

Question 45

Venue

Answer 45

which is the proper district

Question 46

3 basic places

Answer 46

district where any defendant resides; if there are multiple defendants where all the defendants resides if they all live in that state; substantial part where coa arose; where d is reachable (personal jurisdiction)

Question 47

corporation venue

Answer 47

district where ppb or district where incorporated

Question 48

venue is based on

Answer 48

defendant

Question 49

transferring venue

Answer 49

if venue was proper in the first place, but wants it in another place, the court may transfer the case for the convenience of the parties and in the interest of justice (law of original state will apply)

Question 50

if venue was proper

Answer 50

it will transfer and not dismissed

Question 51

if venue was not proper, then judge must

Answer 51

dismiss or if in the interests of justice and may transfer it to any district where it might have been originally brought if it is in the interests of justice

Question 52

transfer by consent

Answer 52

if we both consent to be here even if convenient then it will stay there

Question 53

dismissal under forum non conveniens

Answer 53

if more convenient to go to another country

Question 54

specific jdx

Answer 54

claim arises out of this

Question 55

general jdx

Answer 55

homeowner's domicile