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26 Cards in this Set

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Personal Jurisdiction - definition
The ability of a court having SMJ to exercise power over a particular defendant or item of property
How does a Texas federal court analyze PJ? A Cali federal court? Etc. (general rule)
Each federal court must analyze PJ as if it were a court of the state in which it is located
Requirement for Personal Jurisdiction:
1. The parties involved must receive *fair and adequate notice* of the action (due process)

2. There must be MINIMUM CONTACTS btw the Defendant or property and the forum state such that the assumption of jurisdiction is FAIR AND REASONABLE
Relevant factors when determining whether a defendant has MINIMUM CONTACTS with the forum:
1. the contacts cannot be accidental;
2. the defendant “purposefully availed herself of the privilege of conducting activities in the forum state”;
3. defendant must know or reasonably anticipate that her activities in the forum render it FORESEEABLE that she may be haled into court there
Relevant factors when determining whether an assumption of personal jurisdiction is *FAIR* AND REASONABLE: (eg, factors in fairness inquiy)
1. Whether the claim arises from the defendant’s contacts with the forum
2. If the def. engages in “systematic and continuous activity” in the forum state
3. Convenience to the defendant
4. Legitimate interest of forum state in providing redress for its residents
5. P’s interest in obtaining convenient and effective relief
6. Interstate judicial system’s interest in efficiency
7. Shared interest of states in furthering social policies
Notice for purposes of personal jurisdiction must include:
1. Notification by a “reasonable method” and

2. D must be given an opportunity to appear and be heard.
3 kinds of personal jurisdiction:
1. in personam
2. In rem
3. Quasi in rem
In personam jurisdiction
the forum has power over the PERSON OF A PARTICULAR DEFENDANT
In rem jurisdiction
the court has the power to adjudicate the rights of ALL PERSONS IN THE WORLD w/ respect to A PARTICULAR ITEM OF PROPERTY
Quasi in rem jurisdiction
the court has power to determine the rights of PARTICULAR INDIVIDUALS w/ respect to SPECIFIC PROPERTY within the court’s control.
Subject matter jurisdiction (definition)
In WHAT COURT where there is PJ can a case be brought by a plaintiff
The first two BASIC INQUIRIES when addressing any CivPro question:
Is there PJ?

Is there SMJ?
2 principal types of SMJ:
1. diversity jurisdiction
2. federal question jurisdiction
Basic 2 rules for diversity jurisdiction:
1. The action must be btw citizens of different states AND
2. The amount in controversy must EXCEED $75,000

Exam Tip: always mention BOTH on the exam, even if the facts make the answer obvious
Complete Diversity rule
There is no diversity of citizenship jurisdiction if any P is a citizen of the same state as any D.
What is "citizenship" for purposes of the complete diversity rule?
Citizenship = state of one’s DOMICILE
how do we determine Domicile for purposes of determining citizenship?
1. presence in the state (physical state) AND
2. subjective intent to make it your permanent home (mental state)

- no single factor is determinative for the mental intent.
Can a person have more than one domicile?
WHEN do we test for complete diversity in any given case?
RULE: test for complete diversity AT THE TIME THAT THE CASE IS FILED.

Exam tip: post-filing changes of citizenship on part of P/D are irrelevant
Do corporations have a domicile?
NO. They have citizenship.
How do we determine a corporations' citizenship for diversity purposes?
Citizenship of a corporation exists:

1. In all states where the corp. is incorporated (usually only one state) AND
2. The one state where the corp. has its principal place of business.
How do we determine what a corporations' principal place of business is?
1. Where its HQ is (nerve center - where decisions are made)


2. Where the corp. does more service/activity than anywhere else (muscle center)

[tiebreaker: many states use nerve center unless all of the activity is done in one state.]

Exam Tip: ALWAYS discuss BOTH methods of determining PPB, even if the answer seems obvious
What is the citizenship of a corporation if it is chartered in a foreign country?
It is deemed a citizen of the foreign country and is an alien for purposes of diversity.

NB: If the corp has its PPB in the US, it is ALSO a citizen of that state
Can a federal court have SMJ over aliens?
Rule: A fed ct may have SMJ over disputes between a citizen of a state and an alien, but not over two aliens
How do we determine the citizenship of unincorporated associations?
These are considered a citizen of each state of which any member is a citizen
How do we determine the citizenship of Decedents, Minors, and Incompetents?
Look to their citizenship and NOT the citizenship of their representative

The legal representative of the estate is deemed to have the same citizenship as the decedent, infant, or incompetent.