Jurisdiction and Venue

Question 1

Federal subject matter jurisdictions occurs when?

4

Answer 1

1. Federal Question
2. Diversity Jurisdiction
3. Supplemental
4. Removal

Question 2

Subject matter jurisdiction is…

Answer 2

the nature of the dispute

Question 3

Federal Question Jurisdiction Requires

2

Answer 3

1. Well Pleaded Complaint

2. Federal Question in Dispute

Question 4

Well Pleaded Complaint requires

Answer 4

If the federal claim is in π’s affirmative side of the lawsuit

≠defense

Question 5

When a federal question is inside state law claims, federal jurisdiction when
(3)

Answer 5

This is permissible as long as the federal question:

(1) The federal law is actually in dispute,
(2) demands the expertise of federal judges, and ought to be resolved as uniformly as possible; and
(3) is not so commonly present in state law actions that federal courts would end up taking a large portion of state courts’ traditional jurisdiction.

Question 6

A diversity action is a claim requirements

Answer 6

1. Complete

2. Amount > 75k

Question 7

Complete diversity exists as long as

Answer 7

no π and ∆ are citizens of the same state

Cannot have same state on both sides of the V

Question 8

Key to Federal Question

Answer 8

Is there a federal question in the π’s complaint?

Question 9

For diversity actions, citizenship is counted at what time?

Answer 9

Diversity is measured at the time of filing

Question 10

When is complete diversity not required for jurisdiction?

3

Answer 10

1. π class > 100
2. Amount in controversy > 5 mil
3. if any single member of the class is diverse from any single defendant.

Question 11

How does amending complaints affect diversity?

Answer 11

Diversity is re-evaluated at the time of the amendment.

Question 12

Where is a human being a citizen?

2

Answer 12

A human being’s state of citizenship is the state in which

(1) she resides + (2) intends to remain indefinitely (no present plans to leave).

Question 13

A human being’s citizenship does not change until

Answer 13

They

1. reside in a new place
2. They intend to remain indefinitely in that new place

Question 14

Where is a corporation a citizen?

2

Answer 14

1. Where it is incorporated
   +
2. Where it maintains its principal place of business

Question 15

Where is a corp’s principal place of business

Answer 15

Where the executives do their business

“the brain/nerve center”

Question 16

When evaluating diversity jurisdiction for a corporation, π must be diverse from

Answer 16

both the place of incorporation and the principal place of business

Question 17

Where is a unincorporated association a citizen?

Answer 17

=non-corporation (LLC, P’Ship)

Citizen of every state where their members are citizens

Question 18

When litigation occurs through personal representatives. For the purpose of diversity jurisdiction, the key inquiry is:

Answer 18

Citizenship of the incapacitated party (the party in interest)

Question 19

Diversity Jurisdiction amount in controversy requires

Answer 19

the plaintiff’s allegation of her financial injury > 75k

unless it appears “to a legal certainty” that such allegations are incorrect –> As a matter of law you could not collect

Question 20

Diversity Jurisdiction amount in controversy when there are multiple claims against the same ∆, what’s the amount?

Answer 20

Add all of the claims together

Question 21

Diversity Jurisdiction amount in controversy when there are multiple claims against multiple ∆s, what’s the amount?

Answer 21

Do not aggregate the amounts to others

Question 22

Supplemental jurisdiction allows

Answer 22

A claim falling outside out of FQ or Diversity to piggy-back on a claim that does have FQ or Diversity

Question 23

Supplemental Jurisdiction Steps

Answer 23

Step 1——Same Transaction?
Does the claim seeking piggy back jurisdiction arise from the same transaction or occurrence as another claim falling within federal question or diversity?

Step 2 ——Sneaky π?
If the anchor claim is FQ –> step 3

If anchor claim is Diversity –> π cannot use supplemental to sue third party defendants(∆ brings another ∆ in) or stacked parties (multiple ∆’s sued together).

Step 3——Good Reason to Give to State
Court may decline if:
(a) the piggy back claim involves a novel and complex issue of state law;
(b) the piggy back claim “substantially predominates” over the federal question or diversity claim;
(c) the court has dismissed the anchor claim; and
(d) in exceptional circumstances, where other compelling reasons exist.

Question 24

Removal jurisdiction permits

Answer 24

permits a federal court to hear a case that was originally filed in state court.

Question 25

Removal is only an option for

Answer 25

Defendants

Question 26

Grounds for Removal

Answer 26

A defendant can remove a case from state to federal court if: The originally Well Pleaded Complaint by π could have been filed in federal court (FQ, Diversity, Supplemental)

Question 27

A ∆ cannot remove a case if

Answer 27

Home-State Defendant Rule 1. federal jurisdiction would be grounded only in diversity jurisdiction, and 2. The ∆ is a citizen of the state where the action is filed

Question 28

Rule for removal of multiple defendants

Answer 28

All must agree to removal

Question 29

A defendant must remove within

Answer 29

30 days of when grounds for removal became apparent (when served with process)

Question 30

If P sues multiple ∆'s, defendants must remove within

Answer 30

30 days from when the final ∆ is served (only the final ∆ can remove, others can join)

Question 31

If the removal to federal court would be based on diversity of citizenship, the defendant must remove the case:

Answer 31

Within 1 year of when the case is filed - generally happens when the π makes a change to a lawsuit - The 30 day window of when the grounds for removal became apparent still applies

Question 32

To determine whether a federal court has Personal Jurisdiction over a particular party, you need to analyze two bodies of law:

Answer 32

1. If the state court where the fed court sits could assert PJ 2. Federal Constitutional Law

Question 33

To determine whether it may assert PJ over a party, the first question a federal court must ask is

Answer 33

If the state court could assert PJ, then the federal court may do so as well

Question 34

If the state court could assert PJ, then Fed can constitution authorizes PJ in one of five circumstances. (5)

Answer 34

PJ Rarely Causes Severe Mental Strain. 1. Residency 2. Consent 3. Service 4. Minimum Contacts 5. Substantial Business

Question 35

Residency satisfied in PJ if

Answer 35

Party is a resident in the state where the lawsuit is being filed Residency = where they live

Question 36

Consent for PJ occurs in one of three ways:

Answer 36

1. Appearance When party appears in court without objecting to PJ in initial filing or appearance 2. Contract Signed contract with a choice of forum 3. Appointment Appointed Agent in state where it is filed

Question 37

Service is satisfied in PJ if

Answer 37

Tag jurisdiction in the state where filed

Question 38

To hear a case, a federal court must have?

Answer 38

1. Subject Matter Jurisdiction | 2. Personal Jurisdiction

Question 39

Tag jurisdiction is not constitutional if? | 2

Answer 39

1. ∆ coaxed or lured into the state | 2. ∆ in state to participate in legal proceedings

Question 40

Minimum contacts for PJ is established if? | 3

Answer 40

(a) the defendant has established a minimum contact with the forum state, + (b) the claim against him arises from that contact, and + (c) Jurisdictions will not offend Fair Play and Substantial Justice

Question 41

A defendant has minimum contacts with a particular state if | 3

Answer 41

1. he causes harm in the state, 2. does business in the state, 3. or has an interest in real property in the state. ∆ Does not have to be in the state *****NEED Purposeful avail*****

Question 42

A lawsuit “arises from” a defendant’s contacts if the contacts:

Answer 42

Played a role in causing the lawsuit

Question 43

Substantial Business/General Jurisdiction for PJ established if

Answer 43

The business must be so significant that the company, though not incorporated or headquartered in the state, is ***essentially at home there**** Action does not need to arise out of the business, can be sued for anything there

Question 44

Venue dictates

Answer 44

dictates not the state in which a suit can occur, but the region within a particular state where a suit can occur. In federal court, this region is called a “judicial district.”

Question 45

SMJ Tells You PJ Tells You Venue Tells you

Answer 45

SMJ: Whether you can sue in Federal Court PJ: The State where you can sue Venue: What Judicial District you Can Sue in.

Question 46

The appropriate venue can be dictated by either: | 2

Answer 46

1. Residency of potential ∆'s if all from same state, and 2. Location of events giving rise to the lawsuit

Question 47

Where all defendants reside in the same state, the plaintiff may lay venue

Answer 47

In the judicial district of any single ∆ resides

Question 48

For Venue, corporations reside

Answer 48

in any judicial district in which they are subject to personal jurisdiction

Question 49

For Personal Jurisdictions, non-corporation entities reside

Answer 49

in the state i which it maintains its principal place of business

Question 50

For Venue, non-corporation entities reside

Answer 50

in any judicial district in which they are subject to personal jurisdiction

Question 51

For Venue, PJ, SJM, natural persons reside

Answer 51

in the state in which they live and intend to remain indefinitely

Question 52

If the defendants reside in multiple states, venue will be dictated by

Answer 52

The location of the harm - Substantial part of event occurred; or, - Where the property is located

Question 53

Transferring venue may occur when | 3

Answer 53

1. Convenience 2. Agreement 3. Interest of Justice

Question 54

Transferring venue for convenience requirements (2)

Answer 54

1. Venue must have been appropriate + 2. Transfer is necessary for convience of the parties ≠ outside fed.

Question 55

Transferring venue by agreement requirement

Answer 55

If all parties consent, then can go anywhere

Question 56

Transferring venue by interest of justice requirement

Answer 56

If a plaintiff files suit in an improper venue, 1. the court may dismiss the suit or, 2. in the “interest of justice,” transfer the case to a venue where the case could have been filed originally.

Question 57

Forum Non Conveniens appropriate when

Answer 57

most convenient court in which to litigate a suit is not in the United States.

Question 58

What does a court do when Forum Non Conveniens is appropriate?

Answer 58

dismiss the suit without prejudice so that the plaintiff may refile the suit abroad if she desires.

Question 59

What types of actions cannot be brought in state court?

Answer 59

Actions that the federal courts have exclusive jurisdiction over

Question 60

In a statutory interpleader case, the court has jurisdiction where?

Answer 60

Nationwide