Civil Procedure - Jurisdiction

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Subject Matter Jurisdiction

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The court's competence to hear and decide cases of a general class

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Federal Courts Subject Matter Jurisdiction Types

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Federal Question

Diversity

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Federal Question Jurisdiction

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Federal Courts have original jurisdiction over all claims arising under the Constitution, laws, or treaties of the United States

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Well-Pleaded Complaint Rule (Federal Question)

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Federal question must appear on the face of the complaint - determination made by considering only the necessary elements of the plaintiff's cause of action, not potential defenses

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Diversity Jurisdiction

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Federal Court has jurisdiction when parties are citizens of different states or citizens of a state and foreign country and amount in controversy exceeds $75,000

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Individual Citizenship

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Determined by domicile = present in the state with the intent to remain

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Corporation Citizenship

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Citizen of every state where it is incorporated and the state where it has its principal place of business

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Partnership Citizenship

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Citizen of each state in which each of its members is domiciled

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Amount in Controversy (Diversity Jurisdiction)

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Amount in controversy must exceed $75,000

Determined at the time the action is commenced

Need a good faith assertion in the complaint that the action satisfies this requirement

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Supplemental Jurisdiction

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Allows a federal court with subject matter jurisdiction over one claim to hear additional claims if all claims share a common nucleus of operative fact such that all claims should be tried together in a single judicial proceeding

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Established Diversity Jurisdiction - Supplemental Jurisdiction over Compulsory Counterclaims

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Has supplemental over a compulsory counterclaim (one that arises out of the same transaction or occurrence)

Can be heard regardless of the jurisdictional amount

Addition of the party cannot result in a violation of the complete diversity requirement

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Established Diversity Jurisdiction - Supplemental Jurisdiction over Permissive Counterclaims

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Can only be heard if it meets the requirements of diversity

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Established Diversity Jurisdiction - Supplemental Jurisdiction over Cross-Claims

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Must arise out of the same transaction or occurrence as the main claim - can hear regardless of the amount in controversy or the citizenship of the parties to the cross-claim

(P1 v. P2 OR D1 v. D2)

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Supplemental Jurisdiction - Exceptions

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Complete Diversity must be maintained and the jurisdictional amount must be met for:

1. Claims by Ps against impleaded 3rd party Ds

2. Claims by Ps against additional Ds joined as necessary parties

3. Claims by P intervenors

4. Claims by Ps joined involuntarily

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Removal Jurisdiction

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Any civil action commenced in a state court that is within the original jurisdiction over a U.S. District Court may generally be removed by the defendant to the district court

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Removal Jurisdiction (Diversity Requirements)

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1. Complete diversity

2. Amount in controversy exceeds $75,000

3. The case is brought in a state of which no defendant is a citizen

4. One year limit

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Removal Procedure

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Notice of removal filed in the federal court, copy to state court

Notice to all adverse parties

Once filed with state court, removal acts as a stay of the state court proceedings

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Personal Jurisdiction

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Court's ability to exercise judicial power over the persons or property involved in the cases or controversies before it

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Types of Personal Jurisdiction

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In Personam

In Rem

Quasi-In-Rem

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In Personam Jurisdiction

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Power that a court has over an individual party - required whenever a judgment is sought that would impose an obligation on a defendant personally

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Bases for In Personam Jurisdiction

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Voluntary Presence

Domicile

Consent

Long-Arm Statutes

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Voluntary Presence

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Defendant is voluntarily present in the forum state and is served with process while there

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Domicile

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A state has jurisdiction over person domiciled in that state if authorized by statute

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Long-Arm Statutes

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Authorize Personal Jurisdiction over non-residents who engage in some activity in the state or cause some action to occur within the state

Must comport with due process

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Illinois Long Arm Statute

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Applicable to authorize personal jurisdiction so long as D's activity is consitutional under the due process clause

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Due Process Requirements

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Defendant has certain minimum contacts with the forum state such that the maintenance of the action does not offend traditional notions of fair play and substantial justice

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Minimum Contacts Requirement

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Defendant's contacts with the forum state must be purposeful and substantial, such that the defendant should reasonably anticipate being taken to court there

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Specific Personal Jurisdiction

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Cause of action arises out of or closely relates to a defendant's contact with the forum state, jurisdiction may be warranted even if that contact is the defendant's only contact with the forum state

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General Personal Jurisdiction

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Cause of action doesn't arise out of or relate to the defendant's contacts with the forum, jurisdiction is warranted only when the defendant's contacts with the state have been systematic and continuous

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Fair Play and Substantial Justice Requirements

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Factors:

1. Interest of the forum state in adjudicating

2. Burden on D of appearing in the case

3. Interest of the judicial system in the efficient resolution of controversies

4. Shared interests of the states in promoting common social policies

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In Rem Jurisdiction

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Authority of a court to determine issues concerning rights in property

Due Process - property must be present in the forum state

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Quasi-In-Rem Jurisdiction

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Determines only the interests of the parties to the action regarding property located in the forum state

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Venue Rule (Federal Court)

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Venue is proper:

1. A judicial district in which any defendant resides, if all defendants reside in the same state in which the district is located; or

2. A judicial district in which a "substantial part of the events or omissions" on which the claim is based occurred, or where a "substantial part of the property" that is the subject of the action is located

Otherwise - venue is proper in a judicial district in which any defendant is subject to personal jurisdiction with respect to such action

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Venue Rule (IL)

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Venue is proper in any county where any D joined in good faith resides, or in a county where transaction or cause of action arose (or in any county if all Ds are non-residents)

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Federal Change of Venue - Original Venue Proper

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Can transfer to any district where case might have been brought or to any district which all parties consent

Law of transferor court generally controls

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Federal Change of Venue - Original Venue Improper

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Dismiss case or transfer case to proper district if it's in the interest of justice

Law of transferee court generally controls

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IL Change of Venue

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Allowed when a court determines a party won't get a fair trial because prejudice by county residents or adverse party has undue influence over residents

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Objection to Improper Venue - Timing Requirements

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May be waived by the parties

Automatically waived if not asserted in a timely manner - raise in a pre-answer motion to dismiss or in the first responsive pleading

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Forum Non Conveniens (Federal)

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Allows a court to dismiss an action if the court finds that the forum would be too inconvenient for parties and witnesses and that another, more convenient, venue is available

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Forum Non Conveniens (IL Factors)

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Private Factors - P's interest in choosing forum and inconvenience to D

Vs.

Public Factors - public's interest in having local controversies decided locally, unfairness of imposing trial expenses and jury duty on residents of a forum with little connection to litigation

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Erie Doctrine

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Federal Question - federal substantive and procedural law controls

Diversity - state substantive law and applicable federal procedural law