Personal Jurisdiction, Subject Matter Jurisdiction, Venue Flashcards
(37 cards)
1
Q
Subject Matter Jurisdiction (SMJ): Definition
A
- The power of the court over the subject matter, kind, or nature of the lawsuit
2
Q
SMJ: Types
A
- Federal Question
-Diversity
-Supplemental
3
Q
SMJ: Federal Question Definition
A
when the claim is created by federal law or is created by state law but depends on a substantial federal question
4
Q
SMJ; List of Federal Questions
A
issues involving:
- the US Constitution
-Federal Tax law
5
Q
SMJ (Federal Question): Well Pleaded Complaint Definition
A
- the federal issue must appear on the face of the plaintiff’s well pled complaint (i.e. as a part of their own claim, and not a defense)
6
Q
SMJ: Diversity Jurisdiction Definition
A
- When there is complete diversity and the amount in controversy exceeds 75000
7
Q
SMJ (Diversity): Complete Diversity definition
A
- No single plaintiff may be a citizen of the same state as any single defendant
8
Q
SMJ (Diversity): How to determine citizenship
A
- Individuals: citizenship determined by domicile (the place they reside and have the intent to remain). Domicile is fixed at the time of filing of the suit.
- Corporations: where they are incorporated or where their principal place of business is
- Unincorporated Associations: any domicile of any owner
- Foreign citizen not a permanent resident: anywhere
- foreign citizen permanent resident: their domicile (i.e. their state of permanent residency)
-US citizens domiciled abroad: cannot sue/be sued in diversity
- Decedents, Minors, and Incompetents (those w representatives): where they actual claimant is domiciled.
9
Q
SMJ (Diversity): Amount in Controversy
A
- must be over 75k
- plaintiffs viewpoint governs: this means that it is determined by the amount sought not given, and non monetary things can factor in (such as injunctions). However there is no diversity if it is legally certain that the plaintiff cannot recover an amount over 75k
10
Q
SMJ (Diversity): Aggregation
A
- aggregation is when you add multiple claim amounts to meet the threshold for 75k
- a single plaintiff can aggregate all claims against a single defendant
- a single plaintiff cannot aggregate claims against multiple defendants unless those claims allege joint liability
- multiple plaintiffs cannot aggregate claims
11
Q
SMJ (Diversity): State Law Exclusions
A
- Federal courts will decline to hear diversity cases that involve a core domestic relations (e.g. divorce, alimony) or probate (wills) matter.
12
Q
SMJ (Supplemental Jurisdiction): Definition
A
- a federal court with subject matter jurisdiction over a claim has discretion to hear another claim over which the court would not independently have jurisdiction if both claims arise from a common nucleus of operative fact
13
Q
SMJ (Supplemental Jurisdiction): Precluded Claims
A
- If there is only Diversity jurisdiction, Plaintiffs cannot use supplemental jurisdiction to bring additional claims against non diverse parties
14
Q
SMJ: Removal Definition
A
- Removal is the act a defendant takes to move an action from state court to federal court
15
Q
SMJ: Remand Definition
A
- Remand is the process of moving the case from federal court back to state court
16
Q
SMJ: Removal General Rules
A
- Defendants may remove an action from state court to the federal court that geographically embraces the state court by
- having all defendants consent to removal
- filing a notice of removal within 30 days of service of which the possibility of removal could be ascertained
17
Q
SMJ: Removal Exceptions
A
- Home State Defendant Rule: If every defendant is a citizen of the state where the action was filed, and the only jurisdictional basis is diversity
- if the only jurisdictional basis is diversity, and the notice was filed more than 1 year after the original action was filed
17
Q
SMJ: Remand General Rules
A
- Plaintiffs may file within 30 days of the motion to remove
18
Q
Provisional Remedies: Erie Doctrine
A
- If the conflict involves a federal rule of civil procedure, federal rule of evidence, federal statute, or issue of trial by jury, then federal law governs
- if not, state law governs where the difference in laws would alter the case
19
Q
Provisional Remedies: Full Faith and Credit Clause
A
- a valid state court judgment must be mechanized and enforced in every other federal and state court
20
Q
Provisional Remedies: Enjoinment
A
- Federal law cannot enjoin
- pending state court actions
- state court tax proceedings
- state criminal prosecutions
21
Q
Provisional Remedies: Abstention
A
- Federal courts may abstain from adjudicating state court issues that involve the interpretation of state law or the constitutionality of a state statute
- a court may stay its own action in federal court pending the outcome of a state courts action or interpretation of its own laws
22
Q
Provisional Remedies: TRO
A
- An emergency order entered by the court for up to 14 days to prevent irreparable harm and to preserve the status quo before a hearing can be held on a preliminary injunction
- Notice is not needed for a TRO if it can be shown that specific facts resulting in irreparable harm would occur such that notice would not be possible despite due diligence
23
Q
Provisional Remedies: Preliminary Injunction
A
-Entered to maintain the status quo and to prevent irreparable harm before a trail on the merits can take place
May be granted only upon notice
24
Personal Jurisdiction: Defintion
the power of a federal court over the defendant's person or property
- Granted if the law of the forum grants PJ + the forums law is constitutional
25
Personal Jurisdiction: the forums law types
- Consent
- Presence
- Long Arm Statute
26
Personal Jurisdiction (the forums law): Consent
- express consent: any verbal expression of consent to PJ
- implied consent: the failure to object within a timely manner (21 days of service, 60 days from request of waiver if US citizen, 90 days from request of waiver if non US citizen)
27
Personal Jurisdiction (the forums law): Presence
- the Defendant is actually and physically present in the state when served with process
- the Defendant is domiciled in the state where the federal court is located
- essentially at home: the equivalent of domicile for corporations and non corporate entities
28
Personal Jurisdiction (the forums law): Long Arm Statute
- Allows a federal court to pull in out of state D's who are not present and who do not consent
- generally provides for specific personal jurisdiction over D's who perform a specific act identified in the statute in the state for which the lawsuit derives
29
Personal Jurisdiction (the forums law) meaning
- absent a federal statue that expressly grants PJ, a federal court borrows the same PJ law of the state where it sits
30
Personal Jurisdiction ( Constitutionality of Forum Law): General Definition
- Personal jurisdiction is constitutional if the D engaged in such minimum contacts that it would not be unfair to make the D come to the forums Tate to defendant against the lawsuit.
31
Personal Jurisdiction ( Constitutionality of Forum Law): General PJ
- for D's whoa re present in the forum state of who consent to personal jurisdiction
32
Personal Jurisdiction ( Constitutionality of Forum Law): Specific PJ
- when the D availed itself of the benefits and protections of the forums states laws or targeted its consumers and there is a connection between the availing/targeting and the lawsuit
33
Venue: proper venue definition
- when the federal district is the most convenient and appropriate location for the lawsuit
34
Venue: Where is venue proper?
- where any D resides (if all D's reside in the state )( Reside meaning domicile for individuals, states that have PJ over orgs, and any district for non us citizens abroad)
- any substantial part of the claim arose or the property at issue is located
35
Venue: Filing for improper venue
- must be filed in the first response or is waived
36
Venue: Courts Discretion
- Court will grant a motion to transfer venue for
- their discretion
- for the convenience of the parties
- in the interests of justice
- note: a forum selection clause most likely will be honored
