Jurisdiction & Venue

Question 1

Define:

subject-matter jurisdiction

Answer 1

The power of the court to hear cases based on the subject or type of legal issue involved.

Question 2

What are the 3 types of subject-matter jurisdiction?

Answer 2

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

Question 3

Define:

federal question jurisdiction

Answer 3

Jurisdiction for any claims “arising under” the Constitution, federal law, or United States treaties.

28 U.S.C. § 1331

Question 4

Elements of ​federal question jurisdiction

Answer 4

1. There is a federal question in dispute; and
2. Question appears on the face of a well-pleaded complaint

More info: Federal Question Jurisdiction

Question 5

What is the well-pleaded complaint rule?

(also known as the Mottley Rule)

Answer 5

P must state that D has already violated a federal law on the face of the complaint to qualify as federal question jurisdiction. Federal question cannot be asserted as a defense (by P or D) - the federal question issue must be asserted by P on the face of the complaint.

⚠️ Note: P can’t anticipate that D will violate a federal question in the future; the violation must have already occurred to satisfy the well-pleaded complaint rule.

Question 6

What is diversity jurisdiction and when does it exist?

Answer 6

Jurisdiction based on the citizenship of the plaintiff and defendant.

Exists when:

1. There is complete diversity between parties (no party is a citizen of the same state as the other party); and
2. Amount in controversy is greater than $75,000

28 U.S.C. § 1332

Question 7

How is citizenship for diversity jurisdiction determined for:

1. Persons?
2. Corporations?

Answer 7

1. Persons: citizen of the state in which they are domiciled (i.e. where they currently reside and intend to remain indefinitely). Only one domicile allowed.
2. Corporations: citizen of the state where the company is incorporated and/or maintains its principal place of business. Can be domiciled in more than one state.

Question 8

Where is a corporation’s principal place of business?

Answer 8

The place where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities, i.e. “the brain/nerve center.” Typically the corporate headquarters.

Question 9

True or False: In a suit between a party and a corporation, the party must be diverse from both the corporation’s place of incorporation and principal place of business to satisfy the requirements for diversity jurisdiction.

Answer 9

True. Complete diversity between the place of incorporation and principal place of business must exist to satisfy diversity.

Question 10

An unincorporated association is a citizen of which state?

Answer 10

28 U.S.C. § 1332(c). The Supreme Court holds that an unincorporated legal entity is a citizen of every State in which any of its members are citizens

Question 11

When is complete diversity not required for diversity jurisdiction?

Answer 11

In class actions when:

1. There are more than 100 members in P’s class;
2. The amount in controversy is greater than $5 million; and
3. Any individual member of the class is diverse from any individual D

Question 12

Do damages of $75,000 satisfy the amount in controversy?

Answer 12

No, must be greater than $75,000.

Question 13

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is:

• One plaintiff, one defendant
• Multiple plaintiffs, one defendant
• Multiple defendants, one plaintiff

Answer 13

• One plaintiff, one defendant: Yes
• Multiple plaintiffs, one defendant: Yes, if common or undivided interest
• Multiple defendants, one plaintiff: No

Question 14

Is diversity reevaluated when a complaint is amended?

Answer 14

Yes, reevaluated at the time of the amendment.

Question 15

Define:

supplemental jurisdiction

Answer 15

Power for courts to hear a claim that does not have SMJ as long as the claim is substantially related to one for which SMJ does exist.

28 U.S.C. § 1367

Question 16

If the court has federal question jurisdiction, how do you determine whether supplemental jurisdiction exists?

Answer 16

Ask: Do the claims arise from the same transaction or occurrence? (i.e. share a “common nucleus of operative fact”?)

If yes, supplemental jurisdiction likely exists.

28 USC § 1367

Question 17

If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists?

Answer 17

Ask:

1. Do the claims arise out of the same transaction or occurrence?
   If yes, proceed to question two:
2. Is P bringing the claim in order to bring in a new party pursuant to FRCP 14 (third-party plaintiff), 19 (mandatory joinder), 20 (permissive joinder), or 24 (intervention)?
   If yes, proceed to question three:
3. Will the new party’s presence in the lawsuit maintain diversity jurisdiction? (i.e. not destroy diversity jurisdiction)

If yes, then supplemental jurisdiction exists.

28 § U.S.C. 1367(b)

⚠️ Remember, this exception only applies when P brings a claim that would add the new party to the suit. The rule exists to prevent P’s from skirting the requirements of diversity jurisdiction by joining parties not originally named in the action.

Question 18

In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met?

Answer 18

When:

1. Claim raises a novel or complex issue of state law;
2. State law claim substantially predominates;
3. District court has dismissed all other claims over which it has original jurisdiction; or
4. In exceptional circumstances, if there are other compelling reasons for declining jurisdiction

28 U.S.C. § 1367(c)

Question 19

Define

removal jurisdiction

Answer 19

Allows federal courts to hear cases that are removed from state court to federal court in the same district where the suit is pending.

28 USC § 1441

Question 20

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Answer 20

Brainscape Law Academy

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Discover:

• Our best tips on studying efficiently for the bar exam
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• How Brainscape’s bar exam flashcards were made (and continuously updated)

Question 21

When can a case be removed to federal court? (generally)

Answer 21

When P could have filed original complaint in federal court.

⚠️ Federal court must have federal question, diversity, or supplemental jurisdiction over all claims

Question 22

Which parties can seek to remove a case?

Answer 22

Defendants only. P’s can never seek to remove, even if the D’s filed a counterclaim.

28 USC § 1441(a)

Question 23

What are the special requirements for removal based on federal question?

Answer 23

The well-pleaded complaint rule must be satisfied (i.e. the federal question must be presented on the face of the original complaint).

Question 24

Hypo: P files complaint based on state law. D files answer asserting federal question and seeks to remove to federal court. Should removal be allowed?

Answer 24

No, because of the well-pleaded complaint rule. Federal question jurisdiction cannot be based on the answer - must be asserted on the face of the complaint.

Question 25

When is removal based on **diversity jurisdiction** allowed?

Answer 25

1. D is **not** a citizen of the state in which the action was filed; 2. It is **less than a year** after filing; and 3. Diversity existed at the **time of filing** *and* when the **notice for removal was filed** (unless P dismissed the party who would have destroyed diversity jurisdiction) 4. Amount in controversy exceeds **$75,000** (you may remove for injunction relief in some cases) ## Footnote [28 USC § 1446(c)](https://www.law.cornell.edu/uscode/text/28/1446)

Question 26

What is the rule for **removal** when there are **multiple D's**?

Answer 26

All D's must agree to removal, or else case must remain in state court. ## Footnote [28 USC §1446(b)(2)(A)](https://www.law.cornell.edu/uscode/text/28/1446)

Question 27

**How** does a D seek to remove and **within what time frame**?

Answer 27

**File a notice to remove** with federal court **within 30 days** after grounds for removal became apparent (i.e. when D was served with process). ## Footnote [28 USC § 1446(b)](https://www.law.cornell.edu/uscode/text/28/1446)

Question 28

If P sues **multiple D's**, how long do the D's have to remove?

Answer 28

Each D has **30 days** from the date they were made aware of the grounds for removal. ## Footnote [28 USC § 1446(b)(2)(B)](https://www.law.cornell.edu/uscode/text/28/1446)

Question 29

What can P do if the removal was **improper**?

Answer 29

Request **remand** to state court.

Question 30

# Define personal jurisdiction

Answer 30

Court's power to exercise jurisdiction over **parties or property** in the case, limited by the Constitution or statute. Balances justice and fairness with individual rights. ## Footnote *More info:* [Personal Jurisdiction](https://www.law.cornell.edu/wex/personal_jurisdiction)

Question 31

What are the 3 types of PJ?

Answer 31

1. In personam (over person) 2. In rem (over property) 3. Quasi-in rem (over property not involved in suit)

Question 32

To satisfy **due process** for PJ, what **two general things** must exist?

Answer 32

1. Minimum contacts with the state such that it does not offend traditional notions of fair play and substantial justice; and 2. Notice

Question 33

What is the **minimum contacts** analysis for PJ?

Answer 33

1. Did D **purposefully avail** himself of the forum (such that it was foreseeable litigation could occur)? 2. Did the i**njuries arise out of that purposeful availment**; and 3. Would exercise of PJ violate **notions of fair play and substantial justice**? ## Footnote ⚠️ Note: It is extremely rare for PJ to violate notions of fair play and substantial justice if D has minimum contacts with the state. [International Shoe v. State of Washington, 326 U.S. 310 (1945)](https://www.law.cornell.edu/supremecourt/text/326/310)

Question 34

What constitutes **purposeful availment**?

Answer 34

**Deliberately directing** activities at the forum state (i.e. contacts are not "random," "fortuitous," or "attenuated"). Examples of purposeful availment include: * Directly soliciting business from state residents * Entering into contracts with state residents * Agreeing to a choice of law clause for the forum state ## Footnote [World-wide Volkswagen v. Woodson, 444 U.S. 286 (1980)](https://www.law.cornell.edu/supremecourt/text/444/286)

Question 35

Can **purposeful availment** be established even if D has **no offices, property, or employees** in the forum?

Answer 35

**Yes.** For example, purposeful availment can exist if D has contracted with other businesses in the state, directed advertising specifically at the state, etc.

Question 36

What **factors** does the court balance when determining whether PJ would violate "**traditional notions of fair play and substantial justice**"?

Answer 36

1. **Burden on D** (primary concern); 2. **Forum state's interest** in hearing the suit; 3. P's interest in obtaining **convenient and effective relief**; 4. State's interest in **efficient adjudication**; and 5. Furtherance of **social policies** ## Footnote [World-wide Volkswagen v. Woodson, 444 U.S. 286 (1980)](https://www.law.cornell.edu/supremecourt/text/444/286)

Question 37

Is putting a product into the **stream of commerce** sufficient to establish minimum contacts?

Answer 37

**No,** merely placing a product into the stream and knowing it will end up in the forum is not sufficient. D must engage in **other deliberate activities** in the forum (such as advertising or servicing the products).

Question 38

How do you determine whether cases involving the **internet/websites** have minimum contacts?

Answer 38

Look at how much interaction the resident has with the website: 1. **Passive** websites: no ability to transmit info, **only viewable** (rare for mimimum contacts to exist) 2. **Interactive**: resident of a state inputs info into website but **doesn't enagage in transactions** (further context needed to determine whether minimum contacts exist) 3. **Active**: resident actively engages with website, **completes transactions**, inputs info, etc. (minimum contacts exist)

Question 39

# Define specific jurisdiction

Answer 39

Exists when the claim is related to D's **contacts in the forum state.** ## Footnote Examples include: * Committing a tortious act in a state * Signing a contract in a state

Question 40

Where can I **watch a video** or **listen to a podcast** of these bar prep questions?

Answer 40

[Brainscape's "Hands-free" Bar Prep YouTube playlist]((https://www.youtube.com/watch?v=16iLSk4leLM&list=PLnnMeFOl2XiVey4fhTQYcxA8yQB8W0Ohp) [Brainscape's "Hands-free" Bar Prep Podcast](https://www.brainscape.com/academy/best-podcast-law-students/) | Rate this card a five if you don't need to see it again.

Question 41

# Define general jurisdiction (in the context of corporate defendants)

Answer 41

Only exists when D's contacts with the forum state are so **continuous and systematic as to render the D essentially at home.** ## Footnote ⚠️ General jurisdiction is rare. It typically only exists for corporations in their state of incorporation or principal place of business.

Question 42

Will a court have **PJ** over D just because D has **property in the state**?

Answer 42

No, D must still have **minimum contacts** for PJ to exist.

Question 43

What are 3 ways a party can **consent** to personal jurisdiction?

Answer 43

1. **Appearance:** occurs when a party appears in court **without having objected** to personal jurisdiction in their initial filing or appearance; 2. **Contract**: a signed contract containing a choice of forum clause; and 3. **Appointment**: the party has an appointed agent in the state where it is filed

Question 44

If a court has PJ over D and renders a judgment, can **another state** seize D's property located in that state, even if the D **doesn't have minimum contacts** in that state?

Answer 44

Yes (quasi in rem jurisdiction)

Question 45

Does a state gain PJ over a D if they are **passing through** to attend another judicial proceeding?

Answer 45

No, not if D is just **passing through to attend a judicial proceeding.** However, if D is present in the forum state and not just passing through, PJ can be exercised.

Question 46

If D is able to establish that there was **no PJ** due to **improper service**, is D entitled to have a default judgment set aside as **void**?

Answer 46

Yes, D can seek to have the judgment vacated. ## Footnote ⚠️ Note: The one year statute of limitations for motion to set aside a judgment will not apply - there is no time limit.

Question 47

What is required to satisfy **due process** when exercising PJ?

Answer 47

**Notice** (i.e. reasonably calculated steps to inform D of the action against him)

Question 48

How can **process** be served?

Answer 48

In the manner either: 1. Prescribed by the state court **in the state where the federal suit has been filed**; or 2. Prescribed by the state court **in the state where D will be served**; or 3. Specified in [FRCP 4(e)(2)](https://www.law.cornell.edu/rules/frcp/rule_4) --\> (A) delivering a copy of the summons and of the complaint to the individual personally; (B) 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 (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.

Question 49

What are the acceptable **methods** of service specified in **FRCP 4**?

Answer 49

1. Deliver the process to **D himself** wherever he may be; 2. Leave process at **D's home** with someone of suitable discretion (aged 18 or older) who also lives there; 3. Serve D's **registered agent**; 4. **Mail** service to D, requesting waiver (if mailed, D gets 3 extra days to respond); or 5. Any other **method prescribed by the state** where the federal court is located ## Footnote [FRCP 4](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 50

What are the methods prescribed by FRCP 4(h) for service of process for a **corporation**?

Answer 50

1. Serve process to an **officer**; 2. Serve process on a **managing agent or general agent;** or 3. Serve process on **any other agent authorized** by appointment or by law to receive service (e.g. registered agent) ## Footnote [FRCP 4(h)](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 51

What **documents** does D need to be served with to satisfy service of process?

Answer 51

1. A copy of the **complaint**; and 2. A **summons** (must be signed by the court clerk and identify the parties, the court, & plaintiff's attorney as well as when and where to appear) ## Footnote ⚠️ Note: If both the complaint & summons have not been served, process has not been completed.

Question 52

**Who** is eligible to serve process?

Answer 52

Any person who is **at least 18** years old and **not a party** to the action. ## Footnote [FRCP 4(c)(2)](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 53

What is the **deadline** for service of process?

Answer 53

Within **90 days** of filing the complaint. ## Footnote [FRCP 4(m).](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 54

What happens if P **fails to timely serve** process?

Answer 54

The court, either on motion or on its own after notice to P, must **dismiss** the action **without prejudice** or **order** that service be made. ## Footnote ⚠️ Note: If P shows good cause for the failure, the court must extend the time for service for an appropriate period. [FRCP 4(m)](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 55

Does failure to file **proof of service** affect the validity of the service?

Answer 55

No, although proof of service is required (unless service is waived), failure to prove service does not make the service invalid. ## Footnote [FRCP 4(l)(3)](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 56

If **new claims** are filed during a lawsuit, does **new process** need to be served?

Answer 56

No, new service of process only needs to be served when a **new party** is been added to the lawsuit.

Question 57

Can P request that D **waive** service?

Answer 57

Yes, P can request waiver by mailing D a copy of the complaint along with 2 copies of the form for waiver of process. ## Footnote [FRCP 4(d)(1)](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 58

If D **waives** service, **how long** do they have to respond to the complaint?

Answer 58

**60 days** after the request was sent (90 days for international defendants) ## Footnote [FRCP 4(d)(3)](https://www.law.cornell.edu/rules/frcp/rule_4) ⚠️ Note: If process is not waived, an answer must be filed within 21 days, absent other instruction from the court.

Question 59

Does waiver of service waive D's **right to object to PJ or venue?**

Answer 59

No. ## Footnote [FRCP 4(d)(5).](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 60

If an action is based on duties performed **on behalf of the U.S.** (e.g. federal marshal), how must process be served?

Answer 60

Both the individual **and** the U.S. needs to be served. ## Footnote [FRCP 4(i)](https://www.law.cornell.edu/rules/frcp/rule_4)

Question 61

# Define venue

Answer 61

**Location** where suit can occur (called "judicial district" in federal court)

Question 62

Where is **venue proper**?

Answer 62

1. District where D **resides,** if all D's are residents of the state in which the district is located; or 2. District where a **substantial portion of events** giving rise to the claim occurred; or, if none of these provide basis for venue then → 3. Any district that has **PJ over any D** ## Footnote [28 USC § 1391(b)](https://www.law.cornell.edu/uscode/text/28/1391)

Question 63

If **D's** reside in the **same** **state**, where is venue proper?

Answer 63

Any judicial district in which **any single D resides**. ## Footnote [28 USC § 1391(b)(1)](https://www.law.cornell.edu/uscode/text/28/1391)

Question 64

If D's reside in **multiple states**, where is venue proper?

Answer 64

1. Location where a **substantial** part of the events occurred; or 2. Location where the **disputed property** is located ## Footnote [28 USC §1391(b)(2)](https://www.law.cornell.edu/uscode/text/28/1391)

Question 65

For **venue** purposes, where do **corporations reside**?

Answer 65

**If corporation is the defendant**: any judicial district in which they are subject to **personal jurisdiction.** **If corporation is the plantiff:** judicial district in which it maintains its principal place of business. ## Footnote [28 USC § 1391 (c)(2)](https://www.law.cornell.edu/uscode/text/28/1391)

Question 66

Where can a party transfer venue if: 1. Original venue was **proper**? 2. Original venue was **improper**?

Answer 66

1. Original venue proper: As long as the **new district** would also have **proper venue,** the transfer will be granted if the new district is more convenient for the suit. 2. Original venue improper: any district where venue would be proper. ## Footnote [28 USC § 1404.](https://www.law.cornell.edu/uscode/text/28/1404) [28 USC §1406(a).](https://www.law.cornell.edu/uscode/text/28/1406)

Question 67

If venue is transferred under [28 USC § 1404](https://www.law.cornell.edu/uscode/text/28/1404) (motion/consent of the parties, or convenience), the new court must apply the rules of **which court**?

Answer 67

The laws of the state of the **transferor** (original) court, including conflict of laws rules.

Question 68

What is **forum** **non conveniens?** When is it **proper**?

Answer 68

Gives courts the **discretion** to dismiss a suit when there is a more appropriate forum, even if venue was proper. Proper when: 1. Alternate forum exists; and 2. Balance of public and private factors justify dismissal ## Footnote *More Info:* [Forum Non Conveniens](https://www.law.cornell.edu/wex/forum_non_conveniens)