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28 Cards in this Set

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Personal Jurisdiction (CP)
1. Court's power over person or property
2. Limited by the Constitution and state statute
3. Categorized as: personam, in rem, or quasi in rem
Subject Matter Jurisdiction (CP)
1. Court's power over subject matter of an action
2.Limited by the Constitution thru federal and decisional law
4 General Categories of Subject Matter Jurisdiction
1. Diversity of Citizenship
--Each Complete and 75K
2. Federal Question
-- Arises Under
3. Removal Jurisdiction
-- State to federal
4. Supplemental Jurisdiction
--Ancillary and Pendant
--Additional federal claims within same transaction properly in federal court.
Diversity of Citizenship
1. Subject Matter Jurisdiction
2. 28 USC 1332
3. Protect out of state party from local prejudice
4. Each P must be completely diverse and amount must be > $75k
Federal Question Jurisdiction
1. Section 1331
2. Used if an action "Arises Under" federal law.
2. Questions are in the exclusive jurisdiction of the federal courts
Removal Jurisdiction
1. Allows DEFENDANTS to remove an action brought in state court to federal court
2. Only if a federal court WOULD HAVE had original jurisdiction over a case
Supplemental Jurisdiction
1. Section 1367
2. "Ancillary" and "Pendant"
3. Allows fed court to entertain claims that WOULD NOT ALONE QUALIFY if they are part of another qualifying action
3a). First case must be properly in fed court already for a stand alone issue.
Venue
1. Designation of the PROPER district in which to bring an action
2. Depends on the nature of the jurisdiction; federal question or diversity, and the parties corporate or natural
Discovery
1. Principally revolves around the;

a). Scope of the examination
b). Use of depositions in court
c). Methods of enforcement
Multiple Party Questions
1. Involve various types of joinder and the jurisdictional basis for a particular attempt to join
2. Found in statutes and FRCP
3. Supplemental jurisdiction plays a role here
2 Branches of Jurisdiction
1. Personal
2. Subject Matter

Subject Matter Jurisdiction
-- Jurisdiction over a particular type of case.
Personal Jurisdiction
-- Jurisdiction over a particular DEFENDANT or piece of property
(CP) Personal Jurisdiction

Source of Limitations
--Arise from state statutes and the US Constitution
--An exercise of PJ must not exceed the limitations of either'
(CP) Personal Jurisdiction

Statutory Limitations
--States have the power to decide whom their courts have power over
1. LOOK TO STATE LAW FIRST to decide if the court has properly exercised jurisdiction
2. If no state statute grants the court personal jurisdiction over the parties before the court then the court lacks personal jurisdiction.
3. The exercise must also be constitutional
(CP) Personal Jurisdiction

Constitutional Limitations
1. The Due Process Clause places 2 restrictions on the exercise of PJ
a). Contacts - D's contacts must be sufficient that PJ would be fair and reasonable
b). Notice - D must be given appropriate notice and an opportunity to be heard.
3. These are the outer limits required - A STATE STATUTE CAN NOT EXCEED THESE LIMITS, but are not required to exercise the full limit of this power
(CP) Personal Jurisdiction

Rule 4
In state courts the most common personal jurisdiction problem arises when the D over whom power is sought lives in another state.
1. The Court must evaluate (absent fed provision) EACH COURT MUST ANALYZE PJ AS IF IT WERE A COURT OF THE STATE IN WHICH IT IS
LOCATED
1a). So it is most often true that the assessment of whether the court has PJ is exactly the same in federal as in state court
(CP) Personal Jurisdiction

3 Types of Personal Jurisdiction
1. In Personam
2. In rem
3. Quasi in rem
(CP) Personal Jurisdiction

In Personam
1. Exists when the forum has power over the person of a particular D
2. P accedes to jurisdiction by choosing where to bring suit
3. The court may order D to pay a $$$ judgement or enjoin D -- That judgement is enforceable in any state and can be enforced against D's property in any state
(CP) Personal Jurisdiction

In Rem Jurisdiction
1. The jurisdiction of the courts to adjudicate the rights of ALL PERSONS IN THE WORLD with respect to a particular item of property
2. Limited to property within the physical borders of the state and where it is necessary for the state to bind all parties regarding the properties ownership and use
3). Ex. Estate settlement, eminent domain, seizure, etc...
(CP) Personal Jurisdiction

Quasi In Rem
1. ONE TYPE Allows the court to determine the property rights of specific parties to property in the court's control. DOES NOT ALLOW THE COURT TO DECIDE THE RIGHTS OF ALL PARTIES IN THE WORLD

2. ANOTHER TYPE - Permits the court to adjudicate disputes other than ownership BASED ON THE PROPERTY BEING PHYSICALLY LOCATED WITHIN THE STATE.
--This judgment is only able to bind the land and does not reach any of the D's other property or bind D himself.
(CP) Personal Jurisdiction

Common state statutes granting in personam jurisdiction (P,D, C, LA)
1. PRESENCE - D is present in the forum state AND is personally served with process
2. DOMICILE -D is domiciled in the forum state
3. CONSENT -D consents to jurisdiction
4. LONG ARM - D has committed acts bringing himself within the states long-arm provision
(CP) Personal Jurisdiction

State Exceptions to constitutional floor of PRESENCE in the forum and proper service
a). Service by Fraud or Force is Invalid -- Can't use Fraud or Force
b). Immunity of parties and witnesses -- Most states grant immunity to parties only in the state as a witness or party in a judicial action and those who are passing through the state to participate in a judicial proceeding
(CP) Personal Jurisdiction

In Personam Jurisdiction - Domicile
1. A place where a person maintains their permanent home
--W/ capacity, it is the places chosen by the D
--W/O capacity it is the place designated by law (infant is domicile of parents' state)
2. Most states grant their courts jurisdiction over D's who are domiciled in the forum state, even if they are not present in that state when served with process.
(CP) Personal Jurisdiction

In Personam Jurisdiction - Domicile

Citizenship
The fed court has the power to subpoena US citizens who are domiciled abroad based solely on their US citizenship
(CP) Personal Jurisdiction

In Personam Jurisdiction - consent
--Every state provides for in personam jurisdiction by consent of the D
1. This can be express or implied
(CP) Personal Jurisdiction

In Personam Jurisdiction -

Express Consent
--Expressed consent can be given either before or after suit is commenced.
1. Serves as a sufficient basis for in personam jurisdiction.
-By contract - in advance of suit
-By appointment of agent to accept service of process through contract - the contract can limit the extent of the agent's power and thus the scope of the jurisdiction consented to.
(CP) Personal Jurisdiction

In Personam Jurisdiction -

Appointment required by state
1. Agent can be required for service of process on businesspeople in heavily regulated industries and foreign corporations before those parties are permitted to do business in the state