Jurisdiction, Venue, Pleadings

Question 1

What are the requirements to plead SMJ?

Answer 1

Affirmatively
No Waiver permitted (parties cant agree to waive or no waiver is permitted by failing to object)

Question 2

When can you object to SMJ?

Answer 2

any party and any time
even on appeal

Question 3

What is Federal Question JD?

Answer 3

exist for a claim that arises under federal law
must appear in the complaint not defense - well pleaded complaint rule

Question 3

What is Federal Question JD?

Answer 3

exist for a claim that arises under federal law
must appear in the complaint not defense - well pleaded complaint rule

Question 4

Diversity JD arises when?

Answer 4

cases between different states or citizens of a state and foreign citizen, if amount EXCEEDS 75k.

All P’s and D’s must be completely diverse

requirements must be met at the time the complaint if filed

Question 5

What is the complete diversity requirement?

Answer 5

every citizen from the plaintiff must be completely divers from defendants

Question 6

What is minimal diversity?

Answer 6

any plaintiff is diverse from any defendant

permitted in:
interpleader act
class actions (over 100 Plaintiffs, 5 million in controversy)
interstate mass torts (harmed of 45 plaintiffs)

Question 7

What is the citizenship of parties requirements for JD purposes?

Answer 7

must be a citizen of US and
domiciled in the of the relevant state

Question 8

Domiciled

Answer 8

means permanent residency with the intent to remain indefinitely

Question 9

How to determine domicile when there is a representative?

Answer 9

The state where the rep. domiciled controls

Question 10

How to determine domicile for a corporation?

Answer 10

states where the place is incorporated AND the state or country where there is their principal place of business (nerve center)

Question 11

How to destroy diversity

Answer 11

Moving
Assignment of claim
as long as neither are a sham

Question 12

what are requirements for amount in controversy?

Answer 12

good faith allegation that the amount if 75k

cant aggregate claims UNLESS there is one defendant and one plaintiff, or if the defendants are being held jointly liable

Question 13

types of personal jurisdiction

Answer 13

in personam
in rem
quasi in rem

Question 14

In personam JD

Answer 14

ask whether sufficient contacts between defendant and forum state that it would be fair to sue the Def, there

Question 15

How to determine minimum contacts?

Answer 15

if D has purposely associated himself with the forum

Question 16

types of in personam JD

Answer 16

general:

specific

Question 17

When is service by publication?

Answer 17

only appropriate for in rem actions when that is the best that the serving part can do

if have the ability to know or find out where they stay

Question 18

Default rule for service of process

Answer 18

service in federal court is okay as long as it followed the state which it sits

Question 19

General Rule for process under FRCP

Answer 19

personal delivery
leaving at defendants home with the suitable person of age
delivery to agent

Question 20

How to serve minors or incapacitated person?

Answer 20

serve them and guardian

Question 21

Service of process for Property?

Answer 21

make diligent effort to locate claimants to process

if cant, then can settle for publication as notice

Question 22

Waiver of Service

Answer 22

D has duty to avoid unneccessary expensive of serving summon by waiving service

P can request that D waive

Accomplish by first class mail D has 60 days to respond if out of the county 90

Question 23

What is an injunction?

Answer 23

form of relief that requires defendant to do something or not to do something

Question 24

What does a preliminary injunction require?

Answer 24

issued prior to a full hearing on the merits:

notice to D
hearing to determine if injunction should be granted

Question 25

What does venue determine?

Answer 25

Whether it is the proper court

Question 26

What is the defendants responsibility to object?

Answer 26

object at the first opportunity or it is waived

can be accomplished in motion to dismiss, or defendants answer

Question 27

Where is venue proper?

Answer 27

Where D resides and all D live in the state or
where the claim arose (substantial party of the events or omission occurred or substantial part where the property is located)
if neither of the two is met anywhere where the D is subject to PJD

Question 28

What is Venue for business entities?

Answer 28

every district where PJD exist

Question 29

What is proper venue when case is removed to federal court?

Answer 29

automatically proper in federal district where state court sits even if District wold not have been proper originally

Question 30

Can you transfer venues?

Answer 30

yes, only with a district with proper venue

UNLESS all parties consent

Question 31

What Law governs if you transfer courts?

Answer 31

if the proper venue, the first court controls

if the improper venue, the second court control (you cant take your law with you)

Question 32

What instances limit the federal courts asserting diversity jurisdiction over a case?

Answer 32

Probate Matters & Domestic Relations issue

Question 33

What is the bulge rule and how does I work

Answer 33

allows federal courts to acquire SMJD over party who is

added through imp leader (3rd party practice) or required joinder AND

served with process within 100 miles of the federal court

Question 34

When will PJD not apply?

Answer 34

When a judgement is entered by federal court that had PJD, the judgement can be enforced by a federal court in another state

Question 35

When is in rem jurisdiction appropriate?

Answer 35

when the suit is about the property

suit can’t be based on tort or contract

Question 36

What does AIC not apply to and what will apply to AIC

Answer 36

AIC excludes interest, cost, or collateral effects of damages

Attorneys fees & putative if recoverable by contract or statute