Fed. Civ Pro

Front 1

Fed. Constitutional Personal Jurisdiction

Back 1

International Shoe: minimum contacts and does not offend traditional notions of fair play and substantial justice.

Front 2

Personal Jurisdiction of Fed Court

Back 2

Fed Ct. uses longarm statute of the state, consent, domicile, service in the forum state

Front 3

Nature of a Corporations Contact with the forum state

Back 3

The contact must be initiated by the corporation. A resident initiating a purchase from out of state company is not enough for the 1 transaction element of VAs long arm statute.

Front 4

SMJ

Back 4

Fed Ct. has original jurisdiction when there is Federal Question or Diversity jurisdiction

Front 5

Federal Question

Back 5

Federal Courts have original jurisdiction over all civil actions arising under the constitution, laws, and treaties of the United States.

Front 6

Supplemental Jurisdiction Definition

Back 6

When the Federal Ct. has SMJ and the case also contains claims that do not belong in the Fed Ct. it can exercise supplemental jurisdiction.

Front 7

Supplemental Jurisdiction Elements

Back 7

Some of the claims fall under SMJ and some claims do not. If the claims arise under the same case or controversy the court can excercise jurisdiction over all the claims.

Front 8

Removal

Back 8

If a plaintiff brought suit in state court but could have brought it in federal court the defendant can make a motion to remove it.

Front 9

Removal Exception

Back 9

If multiple and defendants and they move for removal but one defendant lives in forum state it cannot be removed.

Front 10

Removal and multiple defendants

Back 10

All defendants must agree to remove the case.

Front 11

Removal Time Limit

Back 11

File motion within 30 days of service

Front 12

Plaintiffs recourse for removal

Back 12

Motion for remand: file within 30 days of removal notice

Front 13

Burden of proof for Remand

Back 13

BOP on Defendant

Front 14

Writ of Habeas Corpus

Back 14

Only question before court is whether confinement is in violation of Const. Rights

Front 15

Const. Grounds for Habeas Corpus

Back 15

Violation of:
Due Process
Right of Self incrimination
Double Jeapardy
Cruel/unusual punishment

Front 16

Limits on Habeas Corpus

Back 16

1. Must exhaust all state remedies
2. Timing: Must be brought within one year of final judgement of custody

Front 17

Territorial Limits of Federal Court

Back 17

Territorial jurisd.
Some Cts have nationwide
100 mile bulge

Front 18

Personal Jurisdiction of Fed Ct within the state

Back 18

1. In Personam: domicile or service.
2. Consent: express or implied
3. Contacts
4.Specific Jurisd:
-Long arm statute
-Minimum Contacts

Front 19

VA Long Arm Statute

Back 19

A court may exercise Pers. Jurisd. over a person who acts directly or through an agent as to a COA arising from:
1. transacting any business
2. contracting to supply services
3. Causing tortious injury
4. Causing injury to any person by breach of warranty
5. Having or possessing RP in VA.
6. Contracting to insure
7. Incurring Liability for Taxes in the state

Front 20

In Rem Jurisdiction

Back 20

In Rem Jurisdiction is based on the interests of a particular piece of property located in the forum state.
-Prerequisites:
1. real or personal property of value
2. property located in forum state
3. Court must sieze the item
4. owner must have received notice

Front 21

Quasi In Rem Jurisdiction

Back 21

Property in the forum state is attached to law suit as part of relief for a COA that does not directly involve the property.

Front 22

Quasi In Rem Elements

Back 22

1. Real or personal Property of value
2.Property is located in the forum state
3. Defendant owns the property
4. Property is attached or seized
5. Defendant has proper notice

Front 23

Types of Personal Jurisdiction under Fed. Civ Pro

Back 23

In personam
In rem
Quasi In rem

Front 24

Venue

Back 24

Venue is the federal court in which an action is filed. It is based primarily on the subject matter.

Front 25

Venue for Diversity Cases

Back 25

1. District court where Defendant resides

2. District court where substantial portion of events occurred.

Front 26

Venue in Fed. Question Jurisdiction

Back 26

1. Where any defendant resides
2. Where substantial portion of events occurred
3. Where any defendant may be found

Front 27

Venue and Consent

Back 27

Party may consent to venue

Front 28

Venue and Waiver

Back 28

If party fails to raise his objection he waives it and is deemed to have accepted venue.

Front 29

Venue addressed by Court

Back 29

Court may raise issue of Venue Sua Sponte

Front 30

Residency Determination of Companies

Back 30

1. any district where business would be subject to personal jurisdiction
2. any district where there are minimum contacts
3. The district where the company has the most significant contacts if the business has a sufficient amount of contacts all over the state.

Front 31

unlawful entry or Detainer

Back 31

1. Unlawful Entry: Defendant remains in possesion after permission ends. Plaintiff files motion for judgment in circuit court alleging def. unlawfully witholds property.

2. Detainer: Plaintiff alleges def. has withheld possession to magistrate, clerk or GDC and they issue a summons for def. to come to GDC to hear the case. The summons must be served 10 days prior to hearing.

Front 32

ejectment

Back 32

1.Person who has been wrongfully removed from property seeks to regain possession.

Front 33

partition

Back 33

1.Co owners or person with power to sell may compell the sale of real property by a partition action.
Court with equity jurisdiciton has power to hear case
Property divided by:
-buyout
-legal separation (sub divide)
-sale and split proceeds

Front 34

detinue

Back 34

1.Personal property is wrongfully held by def. Detinue action seeks courts permission for sheriff to sieze the property. This is an Ex Parte order.
>Plaintiff must show:
1. kind, quantity and value of property sought
2. Reasonable cause to believe that the property will be sold, removed or otherwise disposed of if it remains with def.
3. basis of claim of entitlement is given with certainty and def. has reasonable notice of nature, and particulars of claim.

>Plaintiff must post bond

>Court must hear the case within 30 daya of issuance of siezure order.

Front 35

quo warranto

Back 35

action used t determine authority by which a public office is held.
>use writ for:
-corporations misuse of privileges and franchises
-when corporations charter acquired by fraud
-to recover a privilege or franchise not conferred upon it by law

Front 36

Prejudgment Attachment

Back 36

Prejudgment Attachment of property:
-must file petition with court
-petition must state acceptable ground for attachment.
>Acceptable Grounds:
-def. is nonres and about to leave VA
-def is about to remove property from VA which leaves plaintiff without source to satisfy judgment
-def is converting or about to convert property into a source that will hinder or delay action by creditors
-Hide assets

Front 37

When COA accrues

Back 37

Accrues from date of injury or damage occurs or
hen breach occurs

Front 38

Relation Back Doctrine

Back 38

An amended pleading relates back to date of COA