Jurisdiction & Service

Question 1

FEDERAL QUESTION JURISDICTION

Answer 1

A federal court MUST have SMJ in
order to decide cases before it. A
federal court has SMJ under federal
question jurisdiction if the complaint
alleges a claim that arises under
federal law.

Question 2

WELL-PLEADED COMPLAINT RULE

Answer 2

A complaint must contain:
1. A statement of grounds of SMJ
2. A short and plain statement of the claim showing that the plaintiff is entitled to relief;
3. A demand for relief sought (for ex: damages, injunction, or declartory judgment)

Question 3

DIVERSITY JURISDICTION

Answer 3

A federal court has SMJ under diversity jurisdiction if:

1. Complete Diversity is present - every citizenship represented on the plaintiff’s side of the case must be
   different than EVERY citizenship represented on the defendant’s side of the case; AND
2. The amount in controversy exceeds $75,000.

Question 4

INDIVIDUALS’ CITIZENSHIP FOR
DIVERSITY PURPOSES

Answer 4

For individuals, citizenship is determined by the individual’s state or country of domicile (i.e., the place of residence where the individual intends to remain indefinitely). An individual can only have one domicile at a time.

Question 5

CORPORATIONS’ CITIZENSHIP FOR
DIVERSITY PURPOSES

Answer 5

Corporations hold dual citizenship:

1. The state or country of incorporation; AND
2. The state or country of its principal place of business (i.e., the “nerve center” - usually where corporate headquarters are located).

Question 6

UNINCORPORATED ASSOCIATIONS’ CITIZENSHIP FOR DIVERSITY PURPOSES

Answer 6

Unincorporated associations and
partnerships (e.g., unions, trade
associations, partnerships, and
limited partnerships) are considered
a citizen of every state of which its
members are citizens.

Question 7

SUPPLEMENTAL JURISDICTION

Answer 7

Supplemental jurisdiction allows a federal court with valid SMJ over a case to hear additional claims
over which the court would NOT
independently have jurisdiction if ALL the claims constitute the same case or controversy. Claims constitute the “same case or controversy” if they arise out of a common nucleus of operative fact (meaning all the claims
arise out of the same transaction or occurrence).

Question 8

COMPULSORY COUNTERCLAIMS

Answer 8

A compulsory counterclaim is a
counterclaim that arises out of the same transaction or occurrence as the original claim filed. A federal court sitting in diversity jurisdiction has supplemental jurisdiction over a
compulsory counterclaim.

Question 9

PERMISSIVE COUNTERCLAIMS

Answer 9

A permissive counterclaim is a counterclaim that does NOT arise out of the same transaction or occurrence as the original claim filed. A permissive counterclaim can only be heard if it independently satisfies diversity jurisdiction (e.g., complete diversity is present + amount in controversy exceeds $75,000).

Question 10

REMOVAL

Answer 10

Removal allows the defendant to move a case from state court to federal court if the case could have been brought originally in federal court. In diversity actions, there is an additional requirement - the defendant may remove if:

1. Complete diversity is present;
2. The amount in controversy exceeds $75,000; AND
3. The action is brought in a state of which no defendant
   is a citizen.

Question 11

TRADITIONAL BASES

Answer 11

If any of the following 4 traditional bases are satisfied, the court will have personal jurisdiction over the defendant:

1. Domicile (D is domiciled in the forum state)
2. Physical Presence (D is served in the forum state)
3. Consent (D consents to PJ)
4. Waiver (D waives his objections to PJ)

Question 12

STATE LONG-ARM STATUTES

Answer 12

If none of the traditional bases are satisfied, a court may still obtain personal jurisdiction over the defendant by using a state long-arm statute. This requires (via Constitutional Due Process) that minimum contacts exist between the defendant and the forum state. Sufficient minimum contacts exist when:

1. General or specific jurisdiction is present; AND
2. The exercise of such jurisdiction does NOT offend traditional notions of fair play and substantial justice.

Question 13

GENERAL JURISDICTION

Answer 13

is present when the defendant is “essentially at home” in the forum
state (usually limited to the locations where the defendant is a citizen). When general jurisdiction is present, the defendant can be sued on ANY
claim (even if the claim is unrelated to the defendant’s contact with the forum state).

Question 14

SPECIFIC JURISDICTION

Answer 14

gives courts jurisdiction over out-of-state defendants for the defendant’s specific contact with the forum state. The claim MUST arise out of the defendant’s specific contact with the forum state. Specific jurisdiction is present if:

1.The defendant purposefully availed himself of the benefits
of the forum state; AND

2.The defendant knew or reasonably should have anticipated
that his activities in the forum state made it foreseeable that
he may be “haled into court” there.

Question 15

SERVICE OF PROCESS

Answer 15

A civil action is commenced by filing a
complaint with the court. After the plaintiff files a complaint, a summons MUST be served on the defendant with a copy of the complaint. The
plaintiff is responsible for having the summons and complaint served within 90 days after the complaint is filed with the court.

Question 16

SERVING AN INDIVIDUAL WITHIN THE UNITED STATES

Answer 16

An individual within a judicial district of the United States may be
served by:

1. Delivering a copy of the summons and complaint to the
   individual personally;
2. Leaving a copy of each at the individual’s dwelling or usual
   place of abode with
   someone of suitable age and discretion who resides there; OR
3. Delivering a copy of each to an agent authorized by
   appointment or by law to receive a service of process.

Question 17

SERVING AN INDIVIDUAL IN A
FOREIGN COUNTRY

Answer 17

Unless prohibited by the foreign country’s law, an individual in a foreign country may be served by:

1. Delivering a copy of the summons and complaint to the individual personally;
2. Using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; OR
3. Other means not prohibited by international agreement, as the court orders.

Question 18

SERVING A CORPORATION,
PARTNERSHIP, OR ASSOCIATION

Answer 18

A corporation, partnership, or
association may be served by delivering a copy of the summons and complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.