Jurisdiction and Venue Flashcards
(31 cards)
Federal Questions JDX - Generally
Fed courts have original jdx over all civil actions arising under the constitution, laws, an treaties of the United States.
Diversity JDX - Generally
Fed courts have original jdx over matters involving diverse litigants where the amount in controversy is greater than $75K.
Diversity - Calculating amount in controversy
Diversity action will be dismissed if it appears to a legal certainty that the plaintiff’s claim does not exceed $75K. Burden falls on D to prove that the amount is less than required.
Diversity - types of diverse parties
Fed court has jdx in disputes:
- Between citizens of different states.
- US citizens and citizens of a foreign country.
- A foreign state as plaintiff and a US citizen.
Citizenship - Individuals
Party is considered to be citizen of her state of domicile. This requires physical presence in the state and intent to remain there indefinitely.
Citizenship - Corporations
Corporations are citizen of both the state of incorporation and the state where it has its principal place of business.
Citizenship - Corporations - Principal Place of Business
A corporation may only have one principal place of business, which should be the corporation’s nerve center. Where corporate officers direct, control, and coordinate the corporation’s activities.
Citizenship - Unincorporated association
The citizenship of an unincorporated association, such as a partnership, limited partnerships, or llc, is the citizenship of all of the members of the association.
Supplemental Jurisdiction
Allows a federal court to hear claims over which the court would not ordinarily have jdx where those claims arise out of the same transaction or occurrence of a claim which the court does have jurisdiction over. Note: court must have federal question or diversity.
Concurrent Jurisdiction
A federal court has concurrent jurisdiction over a particular case if the case could also have been brought in state court.
Removal
A defendant can remove to federal court if the matter could have been filed in federal court originally. Cannot remove based on diversity where a D is the citizen of the forum state.
Removal - Requirements
D must file notice in the federal district court in the district in which the action is currently pending:
- Notice must be filed within 30 days of the service of the initial pleading.
- If not initially removable, within 30 days of the service of the amended pleading that makes it removable.
- A case removable on the basis of diversity jdx may not be removed more than one year after the commencement of the action.
- All defendants must consent to or join in removal.
Remand
If defendant believes removal was improper, can file for remand within 30 days of filing the removal notice.
Personal Jurisdiction - Three Basis
In Personam, In Rem, Quasi In Rem
Personal JDX - In Personam
Defendant has physical presence in or relationship of contacts with the forum state
Personal JDX - In Rem
Subject of the lawsuit is land or real property located within forum state.
Personal JDX - Quasi in Rem
Plaintiff seeks to attach real or personal property owned by defendant to be used to satisfy any judgment against defendant.
Personal JDX - In Personam - 6 ways
- D is domiciled in the forum state,
- Physically present and served in state,
- Consents,
- Waives objections to personal jurisdiction by failing to file,
- D has systematic and continuous contacts with forum state,
- Claim arises out of or is related to the defendant’s presence in the forum state and the exercise of jurisdiction is authorized by the state’s long-arm statute.
Long Arm Statute
Fed court may assert personal jurisdiction if authorized by long arm statute. However, the court must also determine whether or not that statute is constitutional under the Due Process Clause of the Fourteenth Amendment.
Long Arm Statute - Constitutional Analysis
State law will be constitutional if it authorizes personal jurisdiction in one of five following circumstances:
- Residency
- Consent
- Service
- Minimum Contacts
- Substantial Business
Long Arm - Minimum Contacts
D must have established minimum contacts in forum state, exercise of jdx must not offend notions of fair play and substantial justice. Look for purposeful availment, i.e., receiving benefits and privileges of that state’s laws.
Long Arm - Substantial Business
This is a high bar. Essentially, business must be at home in the forum state.
In Rem JDX
based on interest of a particular piece of property or thing located within the forum state. Must be
- real or personal property of value;
- Property must be located within the state where the fed district is located;
- Court must seize the item before jdx begins; and
- Owner must have received proper notice.
Quasi In Rem Jurisdiction
Federal Court has QIR jdx in actions in which the attachment of real or personal property is part of the relief requested. Must be minimum contacts.
