Jurisdiction and Venue

Question 1

How is federal subject matter jurisdiction determined?

Answer 1

By diversity, federal question, supplementary jurisdiction or a statute that confers jurisdiction.

Question 2

What is the definition for personal jurisdiction?

Answer 2

A state may confer jurisdiction over persons through general jurisdiction or specific jurisdiction.

Question 3

What is general jurisdiction?

Answer 3

A state may confer jurisdiction over a defendant if the defendant is domiciled in the state, consents to the jurisdiction or is present in the jurisdiction.

Question 4

How is one present in the jurisdiction?

Answer 4

If they are actual, physical and voluntary present in the state or has continuous and systematic contacts with the state.

Question 5

Can service in a state confer jurisdiction?

Answer 5

Yes. it confers general jurisdiction via presence.

Question 6

What does it mean to have continuous and systematic contacts with the state?

Answer 6

The defendant has continuous and systematic contacts in the state, and it is not unfair or very inconvenient for the defendant to defend a suit there it is essentially at home.

Question 7

How is a defendant’s domicile determined if it’s a person?

Answer 7

A person is domiciled in one state, where they have their permanent home or intends to stay indefinitely.

Question 8

How is a corporation’s domicile determined?

Answer 8

A corporation has two domiciles: (1) the state in which it is incorporated and (2) the state where its principal place of business is located.

Question 9

What is specific jurisdiction?

Answer 9

A court may confer jurisdiction over a non-resident if that non-resident has specific contacts with the state and or the state has a long-arm statute that provides jurisdiction.

Question 10

When is personal jurisdictional constitutional?

Answer 10

Personal jurisdiction is constitutional if the defendants engaged in such minimum contacts that it would not offend traditional notions of fair play and substantial justice.

Question 11

How is minimum contacts determined?

Answer 11

If the defendant purposefully availed itself of the forum

Question 12

Does the mere selling of goods into the forum state support jurisdiction?

Answer 12

Maybe. Under the O’Connor view, goods in the stream of commerce do not confer jurisdiction. In other views, the selling of goods is considered purposeful availment.

Question 13

What is necessary for diversity jurisdiction?

Answer 13

Both parties must be citizens of different states and the amount of controversy must be greater than $75,000

Question 14

Can a plaintiff aggregate claims to achieve $75,000?

Answer 14

Yes. If the plaintiff is against multiple defendants, the plaintiff may aggregate claims

Question 15

What is federal question?

Answer 15

A federal question is an issue that arises under federal law or a state law that raises a substantial federal question.

Question 16

How can a plaintiff plead a federal question?

Answer 16

It must appear on the face of a well-pleaded complaint.

Question 17

What is the well-pleaded complaint rule?

Answer 17

The federal issue must appear on the face of the plaintiff’s complaint.

Question 18

How does one determine citizenship for the purpose of diversity?

Answer 18

Where an individual or corporation is domiciled.

Question 19

Can foreigners sue eachother?

Answer 19

No. An alien who is not admitted as a permanent resident may not sue another pure alien.

Question 20

Can a permanent resident alien sue a resident of the same state?

Answer 20

No. An alien admitted as a permanent resident may not sue a resident of the state in which hey are domiciled under diversity jurisdiction.

Question 21

How can a plaintiff with multiple claims achieve the amount in controversy?

Answer 21

The plaintiff can add the claims together to achieve greater than $75,000.

Question 22

How can different plaintiffs achieve the amount in controversy?

Answer 22

One of the plaintiff’s claims must be over $75k, if not the plaintiffs cannot aggregate all of their claims together to achieve $75k

Question 23

When can the federal court assert supplemental jurisdiction over a state claim?

Answer 23

When the federal claim and the state claim arise out of a common nucleus of operative facts.

Question 24

When can a federal court decline to assert supplemental jurisdiction over a state claim?

Answer 24

1. If the claim raises a novel or complex issue of state law.
2. The state claims predominate substantially over the claims which the district court has original jurisdiction.
3. The district court has dismissed all of the claims over which it has original jurisdiction or,
4. In exceptional cases when there are other compelling reasons for declining jurisdictions.

Question 25

When is removal proper?

Answer 25

Defedndants may remove an action from sate court to the federal court that geographically embraces it if the plaintiff could have initially brought the case in federal court.

Question 26

When can a defendant not remove a case?

Answer 26

If he is sued in his home state and the only basis for removal is diversity.

Question 27

If there is more than one defendant, how can a defendant remove?

Answer 27

All defendants must agree to remove the case.

Question 28

How does a defendant file a removal package?

Answer 28

They must first file a proper notice of removal, which contains a short and plain statement under Rule 11 in federal court where the action is pending and a notice must be sent to the other parties and the state court.

Question 29

When must the notice of removal be filed?

Answer 29

Within 30 days of when the defendant receives a paper from which he should realize the case is removable.

Question 30

In a diversity case, are there limitations on removal?

Answer 30

Yes. A defendant may not remove a case more than one year after the original action was filed.

Question 31

How can a plaintiff dispute removal?

Answer 31

File a motion to remand due to failure to comply with procedural requirements of the rule within 30 days after the removal or they waive their objection.

Question 32

When should a federal court abstain from hearing a state court?

Answer 32

Only when the state court's resolution of unsettled state law issues may obviate the necessity of resolving a difficult federal issue.

Question 33

How does a plaintiff begin a lawsuit?

Answer 33

A plaintiff must first file a copy of the complaint and summons, with the court and get a copy back that is stamped and bears the court's seal. The plaintiff will then serve a copy of the summons and complaint on the defendant within 90 days or ask the defendant to waive service. After service the plaintiff files a proof of service with the court.

Question 34

Who can serve the defendant in federal court?

Answer 34

Any person who is 18 years old and not a party, including attorneys!

Question 35

When must a defendant be served?

Answer 35

A defendant must be served within 90 days after the complaint is filed. If the complaint is not served the court will dismiss without prejudice.

Question 36

How must the paper be served to an individual?

Answer 36

By following the state law method where the federal court is located or where service is made, delivering a copy of each to an agent appointed by defendant or law, by delivering a copy of the summon and complaint to the individual personally, or by leaving a copy of the summons and complaint at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there.

Question 37

How can a corporation be served?

Answer 37

By a state law method or delivering it to an officer, a managing or general agent, authorized or any other agent appointed to receive service.

Question 38

How can a foreign corporation be served?

Answer 38

Service may be made by any means directed by the court so long as it is not prohibited by international agreement. It must be reasonably calculated to give notice.

Question 39

When can you raise an objection to service?

Answer 39

It must be raised in the first responsive pleading.

Question 40

How does one determine the corporation's principal place of business?

Answer 40

By it's nerve center, where its high-level officers direct control, and coordinate its activities.

Question 41

When does the forum defendant rule not apply?

Answer 41

When the subject matter jurisdiction also arises from federal question jurisdiction.

Question 42

What is the forum defendant rule?

Answer 42

The forum defendant rule prohibits removal when subject-matter jurisdiction arises solely from diversity jurisdiction and a defendant is a citizen of the state in which the case was filed.

Question 43

How can a defendant waive service?

Answer 43

Plaintiff sends complaint in writing, addressed to the defendant, names court where complaint is filed, provides copy of the complaint, and two waiver forms and prepaid means to return form.

Question 44

How many days does a defendant have to waive service?

Answer 44

30 days or if the defendant is abroad 60 days.

Question 45

When is venue proper?

Answer 45

Under 28 U.S.C. 1391, venue is proper when the case is brought in any federal district where: (1) any defendant resides, if defendants all reside in the same state (2) substantial part of events giving rise to claim occurred or property at issue is located or (3) any defendant is subject to court's personal jurisdiction

Question 46

When can you transfer to another venue?

Answer 46

When venue is proper, a district court may transfer case to any other proper venue for convenience of parties/witnesses and in the interest of justice.

Question 47

What is a compulsory counterclaim?

Answer 47

One that arises from the same transaction or occurrence as the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction, which must be asserted in the pending lawsuit or it is waived.

Question 48

What is a permissive counterclaim?

Answer 48

All other counterclaims, not related to the same transaction or occurence, which may be asserted in teh pending lawsuit or in future litigation.

Question 49

what is forum conveniens?

Answer 49

If a case should be litigated in a different forum a court may dismiss the case.

Question 50

How can a plaintiff remand a case to state court?

Answer 50

File a motion to remand to state court due to failure to comply with procedural requirements of the rule.