Fed Civ Pro

julianknox5's version from 2015-07-17 19:35

Jurisdiction and Venue

Question Answer
Traditionally, When does the court have personal jurisdiction over someone?if that person is domiciled in the forum state; personally served within the forum; or if that person gives consent to jx.
What is the purpose of personal jurisdiction?Decides which state/fed court to bring suit in.
What are the 4 general basis for personal jurisdiction?domicile, presence, contacts, Consent
What is a long arm statute?A statute that allows for a state court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state.
A court will have personal jurisdiction over an out of state defendant if...The defendant has such minimum contacts within the forum that exercise of jx doesn't offend traditional notions of fair play and justice.
how do we know if we have offended traditional notions of fair play and substantial justice?we balance relevant factors like the state's interest location of the Evidence, undue burden, witnesses, appropriate relief.
When does one have minimum contacts?Purposeful availment and foreseeability (relatedness-- specific contact and general contact (ties) with state)
Explain types of purposeful availment?A person may submit to a State’s authority in a number of ways. There is of course explicit consent. Presence within a State at the time the suit commences… Citizenship or domicile – or, by analogy incorporation or principle places of business… each reveals circumstances… from which to it is proper to infer an intention to benefit from… the laws of the forum State.
Why do we need to do a subject matter jurisdiction analysis?It decides whether or not you can sue in federal court.
Name the 3 types of subject matter jurisdiction?Diversity, federal question, and Supplemental
Diversity jurisdiction?Complete diversity (a P can not have the same domicile as any D) + the amount in controversy must EXCEED 75k.
How do you determine a flesh and blood person's domicile?Physical presence and an intention to reside for an indefinite period (voting rights, DL, location of property)
How do you determine a corporation's domicile?(1) Principal Place of business and (2) state which it has been incorporated. (can have two domiciles)
Federal Question Jurisdiction rule.right to recover must arise under federal law and a federal claim must be plead in the complaint.
Can the federal court hear domestic and probate issues?no, state court only.
How many domiciles does a insurance company have?3... PPB, state of inc, and where insurer is domiciled.
How does supplemental jurisdiction work?there must be at least one claim by one plaintiff that INDEPENDENTLY qualifies for federal question or diversity jurisdiction. Once there is SMJ for one claim the court may be able to use supplemental jurisdiction for the claims that don't qualify by themselves.
Supplemental jurisdiction testclaims must have common nucleus of operative fact but, P cannot use supp jx in diversity case to overcome lack of diversity.
When can the defendant remove case from state court to federal district court?D can remove if case could be heard in fed ct under subject matter jx. All Ds must agree. No removal if more than a year passed since case was filed. No removal by P in a diversity case where any D is a citizen of the forum.
How is venue selected?District in which all Ds reside; if same state but diff districts then any district where one resides; OR subst. part of claim arose. corp's reside anywhere it does business.
When transferring venue what must the court consider?the convenience of the parties, Witnesses, and interest of justice. Applicable law, Jury service
Explain forum non conveniens?A discretionary transfer by the court acknowledging that a more appropriate court exists elsewhere. Burden of proof is on the defendant.

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