Jurisdiction

Question 1

What is the test for supplemental jurisdiction?

Answer 1

A court may exercise supplemental jurisdiction over a state law claim when it shares a “common nucleus of operative fact” with the claim over which the court has subject matter jurisdiction.

Question 2

When does a claim “arise under” federal law for the purposes of establishing federal question jurisdiction?

Answer 2

When the claim arises under federal law (law, Constitution, treaties) on the face of the plaintiff’s well pleaded complaint // when the plaintiff is asserting a federal right.

Question 3

What is the Complete Diversity Rule?

Answer 3

In a case filed in federal court on the basis of diversity jdx., no plaintiff may be a citizen of the same state as any defendant.

Question 4

When is the domicile of an individual changed?

Answer 4

When the person establishes physical presence in a new domicile, with intent to remain indefinitely.

Question 5

What is the domicile of a corporation, for purposes of determining its citizenship?

Answer 5

Corporation is domiciled in the state or states where it is incorporated and the state where it has it’s principal place of business (where managers direct/control business activity).

Question 6

Where may a federal court properly lay venue?

Answer 6

Where all defendants reside (residential venue) OR where a substantial part of the claim arose/property is located (transactional venue) OR any district where D is subject to PJ (fallback)

Question 7

Where does a business reside, for purposes of laying residential venue?

Answer 7

Wherever that business is subject to specific or general PJ

Question 8

When is a business subject to general PJ?

Answer 8

Where they are “at home” (incorporation and PPB), where they are registered to do business and have an appointed agent for service of process, and/or if they are served with process within a state

Question 9

Where may a federal court lay residential venue, if all defendants reside in the same state?

Answer 9

In any district where a defendant resides

Question 10

Where may a federal court lay residential venue, if a defendant lives outside of the United States?

Answer 10

In any district within the United States, unless there is a domestic defendant.

Question 11

What is the citizenship of an executor or personal representative of a minor, for purposes of diversity jdx.?

Answer 11

The citizenship of the decedent/person being represented

Question 12

What is the citizenship of a partnership or unincorporated association, for purposes of diversity jdx.?

Answer 12

The citizenship of ALL of the partners/association members

Question 13

When may a plaintiff NOT meet the amount in controversy requirement based on the claims in their complaint?

Answer 13

When it is a legal certainty that P could not recover in excess of $75,000

Question 14

What is the rule concerning when a plaintiff may aggregate their claims to meet the amount in controversy requirement?

Answer 14

The plaintiff may aggregate all of their claims against one defendant, or multiple defendants who are joint tortfeasors

Question 15

What is the test for measuring whether a plaintiff’s claim for equitable relief meets the amount in controversy requirement?

Answer 15

Court may measure based on the value of the requested relief to the plaintiff, or the cost of compliance to the defendant

Question 16

When may a federal court decline to exercise supplemental jurisdiction over a pendant state law claim?

Answer 16

Supplemental jdx. may be denied when questions of state law predominate over questions of federal law, state law issues are novel/complex, or the claim based on federal law is dismissed early in the case

Question 17

When may a defendant remove a case filed in state court to federal court?

Answer 17

When the federal court can exercise subject matter jurisdiction over the claim, and all defendants join in removal

Question 18

What are the limits on removal in cases based on diversity jdx.?

Answer 18

1) In-state defendant rule: If a defendant is a citizen of the state where the case was brought, they may not remove 2) The case may not be removed more than one year after being filed UNLESS D can show in-state D was initially joined to make the case not removable

Question 19

How does a defendant remove to federal court?

Answer 19

By filing a notice of removal (joined by all defendants) in federal court district embracing the state court within 30 days of the first paper showing that the case is removable

Question 20

What are the traditional bases of personal jdx. under state law?

Answer 20

Domicile, D service of process w/i forum state, D consents to personal jdx. expressly or impliedly (fails to object)

Question 21

What are the requirements for a federal court to exercise personal jurisdiction over a defendant?

Answer 21

The exercise of personal jurisdiction must fall under a state statute, and must comport with the requirements of the U.S. Constitution

Question 22

What is the Constitutional test for the exercise of personal jurisdiction?

Answer 22

The defendant must have sufficient minimum contacts with the forum state such that personal jurisdiction does not offend traditional notions of fair play and substantial justice.

(Satisfied if there is general/specific PJ)

Question 23

What is the basis of general personal jurisdiction?

Answer 23

The defendant is “at home” in the forum state.

Question 24

What is the basis of specific personal jurisdiction?

Answer 24

The plaintiff’s claim arises out of or relates to the defendants contacts with the forum state

Question 25

What are the requirements to show a defendant has contacts with the forum state sufficient to establish specific personal jurisdiction?

Answer 25

Defendant must have purposefully availed themselves of contacts in the forum state, and it must be foreseeable that the defendant could be sued in the forum state

Question 26

What factors will a court consider in determining whether it is fair to exercise specific personal jurisdiction over a defendant?

Answer 26

Whether the burden on the defendant and witnesses would put the defendant at a severe disadvantage, the state's interest in providing a forum to resolve the case, the plaintiff's interest in adjudication in the forum state, the interests of the judicial system to efficiently resolve the dispute

Question 27

When must service of process be given to the defendant?

Answer 27

Within 90 days of filing of the complaint (may be extended for good cause)

Question 28

Who can serve process on the defendant?

Answer 28

Anyone who is over 18 and not a party to the action

Question 29

What are the five areas which are clearly "substantive" for purposes of the Erie doctrine?

Answer 29

Choice of law rules, the elements of a claim or defense, statutes of limitation, rules for tolling the statute of limitations, and standards for granting a new trial based on inadequate/excessive jury verdicts

Question 30

What factors do courts use to determine whether a law is substantive under the Erie doctrine?

Answer 30

Outcome-determinativeness, whether the state or federal court has a strong interest in having their law applied, and the risk of forum-shopping

Question 31

How may substituted service on a defendant be made?

Answer 31

At the usual abode of the defendant, with a person of suitable age/discretion who appears to also reside there

Question 32

What are the permissible ways to serve process on an individual defendant?

Answer 32

Personal service on the defendant, substituted service, service on an agent (when receiving service is within the scope of agency), and service in a manner allowed by the forum state or the state where service is made

Question 33

What are the permissible ways to serve process on a business entity?

Answer 33

By serving an officer, general agent, or agent authorized to receive process // using the method permitted by the forum state or the state where service is made

Question 34

What are the permissible ways to serve process on a foreign defendant?

Answer 34

In any manner authorized by foreign agreement. If no agreement on point, then -By mail sent by the clerk of the court -By personal service, IF not prohibited by foreign country -By method allowed by foreign country's laws -By method directed by foreign official in response to a letter of request from an American court -As otherwise authorized by an American court

Question 35

What is the Due Process standard for notice in federal cases?

Answer 35

A defendant is entitled to notice reasonably calculated to put them on notice that they are being sued and to give them an opportunity to object

Question 36

When is a defendant granted immunity from process within a particular state?

Answer 36

When they go to that state as a party, witness, or representative in another matter.