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29 Cards in this Set

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  • Back
Personal Jurisdiction
Domicile
Presence in State and served, so long not by fraud or deceit
Consent, appearing in the action, by contract, appointment of agent for service, implied consent
Long Arm Jurisdiction
Long Arm Statute
Minimum Contacts
Traditional Notions of Fair Play Substantial Justice
Notice
Purposeful availment:
D purposefully availed himself of the benefits and protections of the forum state
Forseeability:
D must know or reasonably anticipate that her activites in the forum state render it forseeable that she may be hauled into court there
Relatedness between claim and conduct:
D's cause of action arises from or relates to plaintiff's purposeful availment of the benefits and protections of the forums state
General Jurisdictions -> systematic, continuous, substantial
Traditional Notions of Fair Play and Substantial Justice
Burden on Plaintiff
Burden on D
Convenience - be so gravely difficult and inconvenient so that the D is severely disadvantaged
Forum's state's interest
Notice
Due process requires that a reasonable method be used to notify the D of a pending lawsuit so that she may have an opportunity to appear and be heard
Subject Matter Jurisdiction
Federal Question Jurisdiction
Diversity Jurisdiction
Federal Question Jurisdiction
State and federal courts have concurrent jurisdiction of federal question claims except when congress expressly provides the jurisdiction of the federal court is exclusive as it has under the SEC act patent and bankruptcy.

No bright line test for determining action under constitution.
In general if cause of action is expressly federal, federal law provides right.
Diversity jurisdiction
Action must be between citizens of different states
Diversity Jurisdiction: Individuals
deemed to be a citizen of the state of domicile
presence in the state and subjective intent to remain in that state permanently
Diversity Jurisdiction: Corporations
corporations are needed citizens of place of incorporation and nerve center
Diversity Jurisdiction: Unincorporated associations
citizen of each state where any member is a citizen
Diversity Jurisdiction: Deceased
Citizenship of the deceased
Diversity Jurisdiction: Min amount controversy
75k
aggregation is allowed if against the same D
Supplemental Jurisdiction
Cases are allowed to to be introduced as supplemental to a valid claim if they arise of the same common nucleus of operative facts
Supplemental Jurisdiction Limitation
can't be used to overcome lack of diversity if case brought under diversity jurisdiction
does not matter for federal question jurisdiction
does not matter for amount in controversy
Venue
Where all D reside, doesn't matter if 2 D of 2 different states
if 2 D of same state either district is okay
or
Substantial part of the claim arose
or
Diversity cases -> any district where any D is subject to personal jurisdiction at the time action commences
Federal Question -> a district where any D may be found
Venue: Residence
Individuals residence = domicile
Corporations resides in all districts where it is subject to personal jdx
Venue Improper or Inappropriate Venue
Transferring is allowed if
proper venue and has personal jdx over D

Forum non-convenience
if there is a far more appropriate court elsewhere a court may dismiss w/o prejudice to let Plaintiff sue D there
Venue: Removal
When D seeks to remove case from state to federal court

D can remove to fed ct if it is okay in 1st place
Can only be removed to fed ct embracing the state court in which case was filed
removal must be within 30 days of service
All D must agree on removal
D can't file for removal if D is citizen of state
Service
In addition to personal jdx D must be given service of process by receiving a copy of the summons and complaint
Personal Service
Paper given to D directly anywhere in the US
Substitute Service
Valid if left at D's Usual Abode of suitable age and discretion
Service on Agent
Process can be deliver to D's agent
Service by 1st Class Mail
Process is mailed to D by 1st class mail
Time Frame for service
The relevant time frame allowed for service of process is 120 days after filing complaint
Service immunities
D is immune from service while in a forum state testifying as a witness or party of different case

CA will allow service
Erie Doctrine
Federal Courts are required to apply state substantive law to non-federal cause of action (not-procedure):
Elements of a claim or defense
statute of limitations
rules for tolling SOL
Burden of Proof
choice of law