Kaplan Pgs 4-25 Jx and Venue Flashcards
(111 cards)
1
Q
What do federal district courts have original jurisdiction over?
A
All civil actions arising under the constitution, laws, and treaties of the United States
2
Q
How does a case arise under federal law?
A
If the federal question appears on a fair reading of a well pleaded complaint
3
Q
If a defendant is his federal law as the basis for her defense, will that on its own create federal question jurisdiction?
A
No
4
Q
Under the world pleaded complaint rule, in order to create federal question jurisdiction, what must happen?
A
The federal question must arise within the plaintiffs affirmative claim, regardless of any defences that the defendant might raise
5
Q
If you assert an anticipated defence in federal law, is that enough to establish federal question jurisdiction?
A
No
6
Q
If you violate a federal statute, does that create a federal cause of action?
A
Only if the statute also provide a remedy for the
7
Q
Admiralty and maritime cases are within the purview of what court?
A
Federal courts have original jurisdiction over these
8
Q
What is required in order for Admiralty jurisdiction to apply?
A
The casemust have a maritime nexus, which means that the incident had to have had a potentially disrupt and effect on maritime commerce, and the general character of the activity had to show substantial relationship to traditional maritime activity
9
Q
Can a plaintiff pursue a maritime claim as a common law claim in state court?
A
Yes, but any remedies that are specific to Admiralty courts will not be available in state court
10
Q
Federal courts have subject matter jurisdiction to review the state court conviction of a prisoner through what?
A
A writ of habeas corpus where the challenge is the confinement of a prisoner on federal constitutional grounds
11
Q
A petition for a writ of habeas corpus is a civil cause of action that is brought against who?
A
The jailer or custodian of a person currently in confinement
12
Q
Is a writ of habeas corpus appealable?
A
No
13
Q
Does a writ of habeas corpus continue the criminal case against the prisoner?
A
Not at all, it just challenges the confinement of the prisoner
14
Q
Does a writ of habeas corpus make a determination of the prisoners guilt or innocence?
A
No
15
Q
What are the grounds that a petition for a writ of habeas corpus can be based on?
A
Dash violation of the due process clause
– violation of the prohibition of compelled self-incrimination
– violation of the protection against double jeopardy
– violation of the right not to be subject to cruel and unusual
16
Q
Before a prisoner can seek a writ of habeas corpus from a federal court, what must he do?
A
Exhaust all remedies available at the state level
17
Q
What is the time period within which you can bring a writ of habeas corpus?
A
Within one year of the final judgement of custody
18
Q
If a suit is based on a contract or statute that allows a winning party to collect attorneys fees, can those be included in the amount in controversy for diversity jurisdiction?
A
Yes, but otherwise the limitation is $75,000 exclusive of costs and expenses
19
Q
If the amount in controversy for a suit is exactly $75,000, does that meet the diversity jurisdiction requirement?
A
No, the amount in controversy must be more than $75,000
20
Q
What is the standard for when a diversity jurisdiction so it will be dismissed because of the amount in controversy?
A
It will be dismissed if it appears to a legal certainty that the plaintiffs claim does not exceed $75,000
21
Q
Who has the burden with regard to the amount in controversy for diversity cases?
A
The defendant has the burden to prove that the amount in controversy is not more than $75,000
22
Q
What is the split in authority regarding how the amount in controversy is determined for diversity jurisdiction?
A
– Majority rule [plaintiffs viewpoint rule]: determined according to the amount sought by the plaintiff
– minority rule [either viewpoint rule]: determined by the value of the consequences which MAY result from the litigation
23
Q
Can a plaintive meet the amount in controversy requirement by combining or aggregating the total claims against the defendant?
A
Yes
24
Q
Can claims against multiple defendants the aggregated to meet the amount in controversy requirement for diversity jurisdiction?
A
Only if the claims are common and undivided
25
If there are multiple plaintiffs in a diversity jurisdiction suit, what is required with regard to the amount in controversy?
At least one plaintiff must claim over $75,000. Federal courts have supplemental jurisdiction over claims of other plaintiffs that do not meet the AIC as long as at least one plaintiff does satisfy it
26
If a suit seeks an injunction, what is the amount in controversy if the suit is in diversity?
Either the injunction’s worth to the plaintiff or the cost of the injunction to the defendant
27
What is the complete diversity requirement for diversity jurisdiction?
The suit must involve citizens of different states. There’s no diversity jurisdiction if any plaintiff and any D share citizenship of the same state
28
When is diversity jurisdiction determined?
Only at the time that the suit is filed
29
If a defendant moves after a diversity jurisdiction suit is filed and he goes to the same state that the plaintiff lives in, does that destroy diversity?
No, because diversity must be met him at the time the suit is filed, so moving later does not destroy diversity
30
If a diversity jurisdiction complaint is later amended or a party is added or dismissed, can that affect jurisdiction?
Yes
31
If someone lives in Alabama, is registered to vote there, has a car registered there and owns a home there, but then takes a long term work assignment in Texas, always intending to move back to Alabama, where would that person’s domicile be?
In Alabama because domicile requires a physical presence in the state and the intent to remain in that state in definitely. Here, even though the person works in Texas, she does not intend to stay there indefinitely
32
What is an alien?
A citizen of a foreign country
33
If an alien is admitted to permanent residence in the United States, what does that mean?
He has a green card and so he’s a citizen of the state where he is domiciled
34
Is diversity proper if a permanent resident alien is a resident of the same state as the person he is suing?
No, because he is considered to be a citizen of the state where he is domiciled
35
Is diversity jurisdiction proper when the suit involves an alien on one side and an alien and a citizen on the other side?
No
36
Where is a corporation a citizen of?
The state or country of incorporation and the state or country where it has its principal place of business
37
Is it possible for a corporation to have more than one principal place of business?
No
38
What is a principal place of business for a corporation?
The place where it has its nerve centre or the place where it’s high-level officers direct, control, and coordinate the corporations activities
39
If a corporation is incorporated in Delaware and has its principal place of business in New York and sues A competitor that has its principal place of business in New Jersey and is incorporated in Delaware, would there be diversity jurisdiction?
No, because of the Delaware overlap
40
Where is the citizenship for an unincorporated association (like a partnership or limited liability company)?
Where all of the members of the association have citizenship
41
For class actions that involve an unincorporated association, how is citizenship determined?
The association is a citizen of the state that it is organized under and of the state where it has its principal place of business
42
What is the complete diversity exception for class actions?
As long as the class has over 100 people and the amount in controversy exceeds $5 million, diversity only has to be minimal. This means that jurisdiction exist if any single member of the class is diverse from any single defendant
43
What are the two situations when a federal court will decline jurisdiction even when the requirements for diversity are met?
– Probate exception: federal courts will not exercise jurisdiction over probate matters like the validity of a will or administration of an states
– family law exception: federal courts will not exercise jurisdiction for family law matters like divorce, child custody, or child support
44
What is necessary in order for supplemental jurisdiction to apply?
I state law claim can piggyback on a claim over which a court has original jurisdiction. This is only available over a claim if the claim arises out of the same transaction or occurrence as a claim over which the court would have federal question or diversity jurisdiction
45
What is an example of when supplemental jurisdiction would be proper?
If you were injured by being wrongfully arrested by police officer, federal courts have jurisdiction to hear this claim because of the violation of federal constitutional rights. They would also have supplemental jurisdiction to hear a battery claim because it arose out of the same incident
46
In a diversity case we are supplemental jurisdiction is being exercised over the claims of a party other than the plaintiff, if the only reason that the other parties claims don’t qualify for diversity jurisdiction is because they do not meet the AIC, what happens?
Supplemental jurisdiction can be exercised
47
In a diversity case, can the court exercise supplemental jurisdiction over claim by a plaintiff that is proposed to be joined under compulsory joinder or claim by plaintiff seeking to intervene?
No
48
In a diversity keys can a court exercise supplemental jurisdiction over claims by plaintiffs against people that are made parties to the suit under impleader or permissive joinder?
No
49
If non-diverse parties are joined to a case and there is no supplemental jurisdiction to hear their claims, what can the court do?
Dismiss only the claims of the non-diverse parties
50
What are situations when claims that are arising out of the same TNO are trying to be properly brought for supplemental jurisdiction, but the court still can decide to decline supplemental jurisdiction?
– If the state law claim raises a novel or complex issue of state law
– if the state law claim substantially predominates over the other claim
– if the court has dismissed all the claims that it has jurisdiction over
Dash an exceptional circumstances if there are other compelling reasons to decline jurisdiction
51
Removal is only an option for who?
Defendants
52
If removal is based on diversity, what is necessary?
All of the defendants must be diverse from the plaintiff
53
What is the fraudulent joinder rule?
The right to removal will not be defeated if the defendant was fraudulently joined just to defeat diversity and prevent removal
54
What does the party that claims fraudulent joinder have the burden to prove?
- that there is no possibility that the plaintiff would be able to establish a cause of action in state court, or
– that there was outright fraud in the plaintiff’s pleading
55
If removal is based on diversity, when is diversity needed?
Both at the time that the original claim was filed and at the time when the notice of removal was filed
56
If someone is a New York resident and file suit against the defendant who is also a New York resident in a New York State Court, but then two weeks later the defendant moved to Florida and gets residency there, can the defendant have the suit removed?
No, because diversity must exist at the time of filing and the time of removal
57
What is the procedure for removal?
Dash defendant must file a notice in the federal district court in the district in which the action is currently pending
– defendant must include A copy of all the pleadings served on the defendant
– definite must notify all adverse parties
– defendant must file a copy of the notice with the state court
– then the state court must perceive no further
– the federal court will decide if removal is proper
– if it is not, the federal court will remained the action back to state court
58
What is the time period for removal?
The defendant gets a 30 day period from the date of service of the initial pleading to remove to federal court
59
How does removal work if the complaint is later amended?
If it was amended to add a different defendant, then that defendant has 30 days to decide if he wants to remove. If the other two defendants want to join at that point in the removal, they can
60
If a case is removed on the basis of diversity, what is the time period for removal?
It must be removed within one year of the commencement of the action being filed
61
What is the one time that the timing for removal can be relaxed?
If the plaintiff acted in bad faith to prevent the defendant from removing
62
What is the venue for a removed case?
The district court where the state court is located
63
What types of cases is removal allowed for?
Only state court cases. Agency or administrative proceedings cannot be removed to federal court
64
If a plaintiff believes that a case was improperly removed to federal court, what kind of plaintiff do?
Bring a motion to reman the case to state court
65
If the plaintive wants to make a motion to reman the case back to state court because the plaintiff believes that the removal was improper, what is the timeframe to do that?
The motion to reman must be made within 30 days after the filing of the removal notice
66
If a plane to believe that removal was improper and makes a motion to reman the case back to state court, who has the burden?
The defendant has the burden to show that the removal was proper
67
What is territorial jurisdiction?
The authority of a court to bind a party to the action
68
What are the three ways to establish territorial personal jurisdiction?
Dash the federal court has territorial jurisdiction over the state in which the federal district is located
– a federal statute that creates a cause of action may provide the federal courts have nationwide jurisdiction
– the “ 100 Mile Bolt and quote rule says that a federal court may exercise jurisdiction over a dependent outside the state where the cord is located if the dependent is joining under rule 14 or 19 and it served with an a judicial district not more than 100 miles from where the summons was issued
69
What are the three types of personal jurisdiction?
- in personal jurisdiction
– in rem jurisdiction
– quasi-in rem jurisdiction
70
What is personal jurisdiction?
The court’s authority over a defendant
71
Person jurisdiction must be establish separately for every who?
Defendant
72
What is the difference between in personam, in REM, and quasi-in REM jurisdiction?
- in personam: over the parties
– in rem: over the property that is the subject of the action
– quasi- in rem: over property that is attached to satisfy the judgement in an action
73
A state court can exercise personal jurisdiction over an out-of-state defendant if what?
If authorized by the state long arm statute. These statutes put limitations on the states ability to establish personal jurisdiction by setting out the types of contacts they will support jurisdiction
74
What are the types of contacts that will support jurisdiction for a state long arm statute?
– Defendant transacts business in the state
– D contracts to supply goods and services in the state
– the defendant owns, uses, or possesses real property in the state
75
If I stay authorizes personal jurisdiction to the full extent of the 14th amendment, what do you need to do on an essay?
Just determine whether personal jurisdiction over particular defendant is permissible under the constitution. If it is, then both state law and constitutional law are satisfied
76
When will a state law be considered constitutional with regard to the authorization of personal jurisdiction?
```
If it authorizes personal jurisdiction for one of these categories:
– residency
– consent
– service
– minimum contacts
– substantial business
```
77
How can you consent to personal jurisdiction?
– Expressly: like through a choice of forum clause in the contract that you signed
– state law providing that non-residents that engage in certain activities have person jurisdiction: like driving on public roads
– the party can waive his objection to personal jurisdiction by appearing in court and not making a motion to dismiss for lack of PD
78
If a defendant appears before the court just to contest jurisdiction, has he waived his objections to lack of personal jurisdiction?
No
79
What are two situations when being served with process in the estate would not count as a constitutional basis for personal jurisdiction?
– If you were coaxed by the defendant into the state under false pretenses
– if you were only in the state to participate in a legal proceeding
80
What are the three conditions must be satisfied to have minimum contacts for personal jurisdiction?
– The defendant must have established a minimum contact with the forum state
– the claim must be related to that contact
– jurisdiction must not offend traditional notions of Fairplay and substantial justice
81
What are some typical ways that you can create minimum contacts with a state for personal jurisdiction?
– Cause harm in the states
– do business in the state
– have real property in the state
***define it doesn’t have to be in the state to cause the harm, do the business, or have the property as long as the contact with the state was purposefully established
82
What does it mean for a defendant to purposefully avail himself of the privilege of doing activities with a forum state for minimum contacts?
He did actions that were directed towards a particular state and purposely involved himself in transactions within the state where he received the benefits and privileges of that state laws, so it would be fair and reasonable that he would expect to be held in the court in that state to defend an action
83
If you just put a product into the stream of commerce is that enough for purposeful availment for minimum contacts?
No
84
If a defendant has minimum contacts with the forum state, what is the Bird and the bears?
He must prove that it would be fundamentally unfair for him to litigate in that state
85
What are the five factors that are used to determine whether it is fair to require the defendant to litigate in a forum state for personal jurisdiction?
– Burden on the defendant
– interests of the forum State
– the plaintiffs interest in getting relief
– the interstate judicial system’s interest in efficiency
– shared policy interest of the states
86
If the court is going to reject personal jurisdiction on the basis of fairness, what is required?
The burden on the defendant is quite substantial
87
What is required for someone to be held to have been doing substantial business in a state so that personal jurisdiction is allowed through those minimum contacts?
The defendant must be engaging in a business activity in a particular state so significantly that he is essentially at home in that state
88
Is it possible for a company to be considered “essentially at home” in more than a couple of states to provide for substantial business for minimum contacts for personal jx?
No
89
What is in rem jurisdiction?
This is based on the interests of a particular piece of property or a thing that is located in the forum state (jx to quiet title to a piece of prop in the state). Courts can exercise in rem jurisdiction when:
- there is real or personal property of value located in the state
- the court seizes the item
– the owner of the property got proper notice
90
A court’s in rem jurisdiction cannot begin until what has happened?
The court has effective control of the asset
91
What is quasi-in rem jurisdiction?
The court has this for actions that involve the attachment of real or personal property as part of the relief that is requested. These elements must be met:
– real or personal property of value located in the state
– the defendant owns the property
– the property is being attached or seized
– the defendant has been provided proper notice
92
If a court entered a judgement against the defendant that it did not have constitutional personal jurisdiction over, what happens?
The judgement is void and not entitled to full faith and credit by another court
93
How do you commence an action in federal court?
By filing a complaint with the court
94
After a complaint is filed, what are the next things that have to happen?
– The plaintiff presents a summons to the clerk for signature and seal.
- If it meets the requirements, the clerk certifies it and issues it to the plaintiff for service on the defendant
95
What is a summons?
A court document that informs the defendant that a complaint was filed and that he must respond to it or be held in default.
96
What is a subpoena?
The process served to compel the attendance of witnesses
97
What are the requirements for a summons?
Dash must be signed by the clerk
– identify the court and the parties
– be directed to the defendants
– state the name and address of the plaintiffs attorney or the plaintiff if he is unrepresented
– notify the defendant of the time. He has to appear in or file an answer in, and that if he fails to appear there could be a default judgment
– have the seal of the court
98
Service of process requires what two things?
The summons and a copy of the complaint have to be served at the same time on the defendant. If that doesn’t happen, then the process is not complete
99
Service of process must occur within what period of time of filing the complaint?
90 days
100
Service is effective if it happens so long as what?
The server is 18 or older and not a party to the suit
101
If the defendant is a natural person, what are the ways that service can happen?
Dash personal delivery to him
– leaving it at his usual place of abode with a person of suitable age and discretion who lives there
– serving the defendants registered agent
102
If you request a waiver of service of process, what must you do?
– Put it in writing and addressed to the defendant or if it is a corporation to the officer, manager, or authorized agent
– send through first class mail or other reliable means
– include a copy of the complaint
– identify the court word is filed
– tell the defendant the consequences of waving and not waving service
– save the date it is sent
– give a reasonable time to return the waiver, which is at least 30 days after the request, or 60 days if the defendant is outside of United States
– give an extra copy of the request and prepaid postage
103
If the plaintiff has requested waiver of service from the defendant, he has a duty to waive service unless what?
Dash he is a minor or incompetent
– he is the United States or an agency of the states
– he is a state, local, or foreign government
104
What would be considered a good cause for a defendant not to waive service of process?
If he didn’t receive the waiver request
105
What is the difference between subject matter jurisdiction, personal jurisdiction, and venue?
- Subject matter: dictates whether a suit can be brought in the federal court system
– personal jurisdiction: informed the plaintiff what states the suit can be brought in
– venue: dictates the region in a particular state where a suit Kenek her
106
Where is the residence of an entity for venue?
Dash if the entity is the plaintiff: venue is proper where the plaintive maintains its principal place of business
– if the entity is a defendant: when it is proper where the defendant is subject to personal jurisdiction
– if a corporation resides in a state with multiple districts: can use proper in the district that would’ve had personal jurisdiction over that corporation if the district had been its own state
107
Where is the new proper for a non-resident alien?
In any judicial district
108
If there is a case that has multiple defendants, and one or more of those defendants are non-resident aliens, how do you determine venue?
Just disregard the non-resident aliens when computing venue
109
If a case is brought in an improper venue, what happens?
Dash the court can dismiss the case
| – or in the interest of justice, can transfer the case to any district where venue could have been brought
110
Does the federal court have the power to transfer a case to a foreign country?
No, so in that situation the case will be dismissed and the plaintiff can then file the action in an alternative forum
111
What are the public and private interests that are weighed to determine whether to dismiss an action under forum non-conveniens?
Public interest:
Dash resolving disputes locally and not burdening local courts with distant disputes
– avoiding having to apply for in Law
– avoiding jury duty for a case that doesn’t have a substantial impact on the jersey community
Private interests:
– is it access to evidence still – cost of witness attendance at trial
– availability of compulsory process
- any other factors
