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5 Cards in this Set
- Front
- Back
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Define Rule 8(a)(1)
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A short and plain statement of the grounds for the courts jurisdiction.
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Does a Federal Court have jurisdiction to hear the case?
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Federal Courts are courts of limited jurisdiction. In order for a Federal Court to have jurisdiction to hear the case, it must prove personal jurisdiction, subject matter jurisdiction, and venue
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The court has personal jurisdiction over the D when:
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1.The state where that individual is a citizen (i.e. resides)
A. Physical presence in a place (Driver’s License, Job, Insurance, and… B. A certain state of mind concerning one's intent to stay there. 2.Or A state where activities that serve as a basis of the suit occurred (minimum contacts) Examples: Business, Child, |
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The court has subject matter jurisdiction when (the P pleads the jurisdiction):
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1. Federal Question
Anything that arises under federal law. (§1331 USC Title 28) Violation of the Constitution, Laws or Treaties of the US; (no dollar amount required); Walker v. City Of Birmingham 388 U.S. 307 (1967) Martin Luther King’s peaceful constitutional protest…SMJ Or 2. Diversity of Citizenship (§ 1332 USC Title 28). a. Diversity of Citizenship (citizens of- different states; citizen=domiciled); Hawkins v. Masters Farms-40 year old who hedged his bets…No SMJ; and b. Domiciled = 1. Physical Presence and 2. Subjective intent to remain c. The Amounts in Controversy must exceed (be more than) the sum of $75,000.00 |
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Example
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The P is a resident of Illinois; the D is a resident of North Carolina. The amount in controversy, without interests and costs, exceeds the sum or value specified by 28 U.S.C Section 1332.
Venue: (1) Purely statutory & (2) jurisdiction most convenient (where circumstances surrounding dispute occurred); the location for the trial |
