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46 Cards in this Set
- Front
- Back
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Exceptions to Subject Matter Jurisdiction |
Probate Domestic disputes |
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What must be present to have SMJ? |
Complete diversity of citizenship Amount in controversy |
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How to determine citizenship of parties? |
Presence + intent to remain |
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How to determine residence of corporation? |
State of incorporation Principle place of business (nerve center test) |
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Amount in controversy |
> $75K |
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How to assess value for amount on controversy? |
Good faith For declaratory judgment P's view (majority) Cost to D (minority)
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When to aggregate for amount in controversy? |
1P + 1D then aggregate 2P + 1D the aggregate unless multiple claims not related. |
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Federal question |
Federal court has jurisdiction for civil action arising form constitution, laws, or treaties of the US. |
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How to determine if federal question applies? |
Look to complaint Well pleased complaint rule |
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Exceptions to federal question rule |
If a party is entity created by federal statute If federal issue is substantial and disputed |
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Supplemental jurisdiction (def) |
Authority of fed court to hear state claims related to fed claims when, by themselves, they could not be heard.
Same case or controversy Same set of facts |
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Exceptions to supplemental jurisdiction rule |
Complex state issue Fed dismisses its claims State dominates over fed SJ does not apply to impleader, required of permissive joinder |
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Removal rule |
Only by D if case could have been brought in fed court |
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Exception to removal rule |
If P's case could have been brought in state or fed court under diversity, but he chose state, then no removal. |
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In personam (def) |
Jurisdiction over person Court can create a binding and enforceable judgment |
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Statutory analysis |
Long arm statute Laundry list Default: all allowed by constitution |
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Constitutional analysis |
Traditional (Pennoyer) Modern (I-Shoe) |
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Traditional analysis |
Consent Domicile or citizenship Physical presence served |
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Modern analysis |
If he be not present, then D must have sufficient minimum contact with the forum so that the maintenance of the lawsuit does not offend traditional notions of fair play and substantial justice. |
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What is "minimum contact"? |
Foreseeability of being hailed by forum volume of contact intentional act by D aimed at forum Purposeful availment D derived benefit from forum Stream of commerce |
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What is "fairness"? |
Systematic and continuous nature of the contact Balance of conveniences (hardships to parties) State interest in regulating D's conduct of protecting interests of P Location of witnesses and evidence |
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Relatedness |
Nexus between contact and the claim itself
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General jurisdiction |
Unlimited power due to large amount of contact, no matter the claim |
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Specific jurisdiction |
Limited power related to a specific claim due to limited contact |
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In rem |
Property in question is in forum Suit is about property I-Shoe applies |
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Quasi in rem |
Jurisdiction because D has property in forum, but claim not about property Up to value of property I-Shoe applies |
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Ways to select venue |
1. If all Ds are residents, then any district where a D resides. 2. District where substantial part of event related to cause of action occurred. 3. District where real property (if in rem) is. 4. Any district where D is subject to PJ. |
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Forum non conveniens |
Court dismisses because there is a more appropriate court. Convenience of witnesses, less burden on D. |
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Notice |
Summons Copy of complaint |
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When is notice proper? |
Reasonably calculated under all circumstances to notify parties of pending lawsuit so they have an opportunity to be heard. |
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Service to the individual |
Personal service Substituted service Agent service |
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Service to business |
Executive or manager Person well integrated in the business |
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Prejudgment attachment statutes |
General not favored, but allowed if:
Hearing held to determine if warranted Bond required that is fair to both parties Both P and D share the burden to show why they should win Hearing presided by unbiased person |
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Choice of law (policy) |
Discourage forum shopping Avoid inequitable administration of justice |
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Which analyses to test for choice of law? |
Erie / York Byrd Hanna |
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Erie/York |
State for substantive law Fed for procedural law
Outcome determinative test (York) = substantive law |
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Byrd |
Balancing test
State vs. Fed on issue in question (conflict of law) |
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Hanna |
Federal law must be on point and must not modify, abridge, or enlarge rights of a party under substantive law. |
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What type of pleading? |
Notice pleading (fed) inform D of occurrence that gave rise to cause of action
Ultimate fact pleading (CA) inform D of each and every element of the cause of action |
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What responses are available to a complaint? |
Motion Answer |
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What motions are available as response to complaint? |
More definite statement Strike Dismiss (fed) Demurrer (Ca) Defenses Lack of SMJ Lack of PJ Improper venue Insufficient process or service Failure to join |
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What answers are available as response to complaint? |
General denial Specific denial Admissions Affirmative defenses |
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When is joinder permitted? |
When claim arises out of same transaction or occurrence. All questions of law common to all arise out of same action |
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When is joinder required? |
If person is indispensible and join is feasible.
Indispensible if complete relief not possible without absent party not properly represented multiple or inconsistent obligations otherwise Feasible if subject to service and join will not destroy SMJ or venue
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If joinder required but not feasible, then |
Is judgment and/or remedy adequate without absent party?
If not, then must dismiss. |
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Joinder of claims |
By P: allowed By D: Counterclaims Compulsory: arises out of same transaction or occurrence Not required to add new party without jurisdiction Permissive: the can hear it By D: Cross claims Allowed if arises out of same transaction or occurrence or related to same party that is subject of the action. |
