SMJ/PJ/Venue

Question 1

What is required for a civil court to have authority to hear and decide a case?

Answer 1

1. Subject-matter jurisdiction
2. Personal jurisdiction; AND
3. Venue in the proper judicial district

Question 2

Under what condition does a federal court have subject matter jurisdiction under federal question jurisdiction?

Answer 2

If the complaint alleges a claim that arises under federal law

This means that the issue at hand must involve federal statutes or constitutional issues.

Question 3

What does the Well-Pleaded Complaint Rule stipulate?

Answer 3

The federal question must be presented on the face of the plaintiff’s complaint

raising a federal law defense or counterclaim does not establish federal question jurisdiction.

Question 4

What are the two requirements for a federal court to have subject matter jurisdiction under diversity jurisdiction?

Answer 4

• Complete diversity between parties is present
• The amount in controversy exceeds $75,000

complete diversity = no Ps are from the same state as any Ds

Question 5

What is meant by complete diversity?

Answer 5

Every citizenship represented on the plaintiff’s side is different than every citizenship represented on the defendant’s side

This rule prevents any party from the same state from litigating against another party from the same state in federal court.

Question 6

How is citizenship determined for individuals for diversity purposes?

Answer 6

By the individual’s state or country of domicile

Domicile is the place of residence where the individual intends to remain indefinitely.

Question 7

What dual citizenship does a corporation hold for diversity purposes?

Answer 7

• The state or country of incorporation
• The state or country of its principal place of business

is “at home” in either of these Jds

The principal place of business is typically where the corporate headquarters are located.

Question 8

How are unincorporated associations and partnerships considered for diversity purposes?

Answer 8

A citizen of every state of which its members are citizens

This means that the diversity of all members is taken into account.

Question 9

For class actions, what citizenship counts for diversity purposes?

Answer 9

The citizenship of each named party in the class who are suing

Class members that are not named do not affect the diversity analysis.

Question 10

What is the amount in controversy?

Answer 10

The monetary value at stake in the lawsuit

A claim for injunctive relief may be valued by the benefit to the plaintiff or the cost of compliance for the defendant.

Question 11

Can one plaintiff aggregate claims against multiple defendants?

Answer 11

Yes, if the defendants are jointly liable

One plaintiff can also aggregate all of her claims against one defendant.

Question 12

Do multiple plaintiffs need to meet the amount in controversy requirement separately?

Answer 12

Generally, yes, unless supplemental jurisdiction applies.

Question 13

What is supplemental jurisdiction?

Answer 13

Allows a federal court with valid subject matter jurisdiction over one claim to hear additional claims that it would not independently have jurisdiction over

Claims must arise from the same case or controversy (CNOF // STO)

Question 14

What does it mean for claims to constitute the same case or controversy?

Answer 14

They arise out of a common nucleus of operative fact.

= Same Transaction or Occurence

Question 15

Can a federal court hear a pendent state law claim?

Answer 15

Yes, A federal court sitting in federal question jurisdiction may hear a pendent state law claim under supplemental jurisdiction if the state law claim arises out the same transaction or occurrence as the federal law claim.

Question 16

What is a compulsory counterclaim?

Answer 16

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 17

Does a federal court have supplemental jurisdiction over a compulsory counterclaim?

Answer 17

Yes, if sitting in diversity jurisdiction.

Question 18

What is a permissive counterclaim?

Answer 18

A counterclaim that does NOT arise out of the same transaction or occurrence as the original claim filed.

can only be heard if it independently satisfies diversity jurisdiction.

Question 19

What is required for a permissive counterclaim to be heard by a federal court?

Answer 19

The Fed. Court must be sitting in div. Jd and the claim must independently satisfy diversity jurisdiction.

Question 20

What is a cross-claim?

Answer 20

A claim filed by a plaintiff against another plaintiff or by a defendant against a co-defendant.

A federal court sitting in diversity jurisdiction has supplemental jurisdiction over a cross-claim if the cross-claim arises out of the same transaction or occurrence as the original claim.

Question 21

Does a federal court have supplemental jurisdiction over a cross-claim?

Answer 21

Yes, if it arises out of the same transaction or occurrence as the original claim.

Question 22

What is the purpose of removal in legal terms?

Answer 22

To move a case from state court to federal court if it could have originally been brought in federal court

Removal is a procedural mechanism that allows defendants to change the venue of a case under specific conditions.

Question 23

Within how many days must a defendant seek removal after learning the grounds for it?

Answer 23

30 days (but must be within one year of commencement of the action)

This time frame is crucial for the defendant to act upon discovering the potential for removal.

Question 24

What is the maximum time frame for a defendant to remove a case from state court?

Answer 24

One year from the commencement of the action, unless the plaintiff acted in bad faith

This rule prevents defendants from delaying removal indefinitely.

Question 25

What must the plaintiff's complaint allege for a federal question case to be removed?

Answer 25

A claim that arises under federal law ## Footnote Federal question jurisdiction allows federal courts to hear cases that involve issues of federal law.

Question 26

What are the three requirements for a diversity case to be removed to federal court?

Answer 26

* Complete diversity is present * The amount in controversy exceeds $75,000; AND * The action is brought in a state of which no defendant is a citizen ## Footnote Diversity jurisdiction aims to provide a neutral forum for parties from different states.

Question 27

What are the four traditional bases for personal jurisdiction over a defendant?

Answer 27

* Domiciled in the forum state * Receives service of process while physically present in the forum state * Consents to personal jurisdiction in the forum state * Waives objection for lack of personal jurisdiction

Question 28

What is required for a court to have personal jurisdiction under a state long-arm statute?

Answer 28

Minimum contacts must exist between the defendant and the forum state ## Footnote i.e. (1) general or specific jurisdiction must be present and (2) The exercise of such jurisdiction must not offend traditional notions of fair play and substantial justice

Question 29

Define General Jurisdiction.

Answer 29

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. ## Footnote General Jurisdiction is present when the defendant is considered 'at home' in the forum state

Question 30

For corporations, where is General Jurisdiction considered to be present?

Answer 30

* Locations where the corporation is incorporated * Principal place of business

Question 31

For individuals, what determines the presence of General Jurisdiction?

Answer 31

Where the individual is domiciled

Question 32

Under what exceptional circumstances can General Jurisdiction be deemed present?

Answer 32

When the defendant's contact with the forum state is so systematic and continuous that he is essentially 'at home' in the forum state ## Footnote very rare — e.g. A corporation establishing a physical presence in a state, like maintaining an office, hiring employees, and conducting regular business operations, constitutes systematic and continuous contact that can establish general jurisdiction.

Question 33

What types of claims can be brought against a defendant when General Jurisdiction is present?

Answer 33

Any claim, even if unrelated to the defendant’s contact with the forum state

Question 34

What are the two requirements for Specific Jurisdiction to be present?

Answer 34

* Defendant purposefully availed himself of the benefits of the forum state * Defendant knew or reasonably should have anticipated being 'hailed into court'

Question 35

What is the key difference between General and Specific Jurisdiction?

Answer 35

Specific jurisdiction is limited to claims that arise out of the defendant’s specific contact with the forum state

Question 36

What five factors do courts consider to determine if the exercise of jurisdiction offends traditional notions of fair play and substantial justice? ## Footnote international shoe

Answer 36

* Convenience of the forum state for the defendant * Legitimate interest of the forum state in providing redress * Plaintiff’s interest in obtaining relief * Interstate judicial system’s interest in efficiency * Shared interest of states in furthering social policies

Question 37

Can a court with proper venue transfer a case elsewhere?

Answer 37

yes the court can transfer the case for the convenience of the parties or witnesses to any court where the case could have been originally filed ## Footnote The transferee court must have valid subject matter jurisdiction, personal jurisdiction over the defendant, and proper venue.

Question 38

What must a court do if the venue is improper?

Answer 38

Dismiss the case or transfer the case to a venue in which the case could have been originally filed ## Footnote The transferee court must have valid subject matter jurisdiction, personal jurisdiction over the defendant, and proper venue.

Question 39

What law must the transferee court apply, in a diversity case, if the original venue was proper?

Answer 39

The law that would have been applied in the district court that transferred the case

Question 40

What law must the transferee court apply if the original venue was proper in a federal question case?

Answer 40

Federal law as interpreted by its own federal court of appeals ## Footnote This is applicable when the transferor court had proper venue.

Question 41

What law must the transferee court apply if the original venue was improper in a diversity case?

Answer 41

The choice-of-law rules of the state in which it is located ## Footnote This differs from applying the state law of the district court that transferred the case.

Question 42

What law must the transferee court apply if the original venue was improper in a federal question case?

Answer 42

Federal law as interpreted by its own federal court of appeals ## Footnote This is applicable when the transferor court had improper venue.

Question 43

Fill in the blank: If venue is improper, the court must _______.

Answer 43

Dismiss the case or transfer the case to a proper venue.

Question 44

True or False: A court can only dismiss a case if the venue is improper.

Answer 44

False ## Footnote A court can also transfer the case for convenience if the venue is proper.

Question 45

What are the three requirements for a transferee court to accept a case?

Answer 45

* Valid subject matter jurisdiction * Personal jurisdiction over the defendant * Proper venue

Question 46

Venue is proper in a judicial district where:

Answer 46

1. ANY defendant resides, IF all the defendants reside in the same state; 2. A substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is located; OR 3. If there is NO district anywhere in the United States that satisfies (1) or (2), a judicial district in which ANY defendant is subject to personal jurisdiction.

Question 47

How is an individual's residence determined for venue purposes?

Answer 47

An individual is deemed to reside in the judicial district where he is domiciled.

Question 48

How is a business entity's residence determined for venue purposes?

Answer 48

A business entity is deemed to reside in any judicial district where the entity is subject to personal jurisdiction.

Question 49

In which judicial district can a D that is not a U.S. resident (whether alien or U.S. citizen) be sued?

Answer 49

ANY judicial district.

Question 50

Fill in the blank: Venue is proper in a judicial district where a substantial part of the _______ giving rise to the claim occurred.

Answer 50

events or omissions

Question 51

True or False: A U.S. citizen who is a defendant can only be sued in their state of residence.

Answer 51

False

Question 52

What is the first step to commence a civil action?

Answer 52

Filing a complaint with the court

Question 53

What must be served on the defendant after filing a complaint?

Answer 53

A summons and a copy of the complaint

Question 54

Who is responsible for serving the summons and complaint?

Answer 54

The plaintiff

Question 55

Within how many days must the summons and complaint be served after filing?

Answer 55

90 days

Question 56

Who can serve a summons and complaint?

Answer 56

Any person who is at least 18 years old and NOT a party to the action

Question 57

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

Answer 57

* Delivering a copy of the summons and complaint to the individual personally; * 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 * Delivering a copy of each to an agent authorized by appointment or by law to receive a service of process.

Question 58

What are the methods to serve an individual in a foreign country?

Answer 58

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

Question 59

How can a corporation, partnership, or association be served?

Answer 59

By delivering a copy of the summons and complaint to: * An officer * A managing or general agent * Any other authorized (by appointment or by law) agent

Question 60

Under what circumstances may a federal court abstain from hearing a case? ## Footnote (or stay the matter pending the outcome of a state court action)

Answer 60

To avoid intruding upon the powers of a state court

Question 61

True or False: A federal court with valid subject matter jurisdiction must always hear the case before it

Answer 61

False