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17 Cards in this Set
- Front
- Back
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What is removal? |
The process of moving from state court to federal court. Only the Defendant can remove. |
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Must a defendant trying to remove have subject matter jurisdiction? |
Yes, the defendant must have federal SMJ and if using diversity SMJ, the defendant cannot be in their home state. |
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How long do plaintiffs have to challenge removal? |
30 days. |
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What is subject matter jurisdiction? |
The Court's power to adjudicate and hear a particular type of dispute. |
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What two types of jurisdiction are required for the court to hear a case? |
Subject matter jurisdiction & personal jurisdiction. |
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When can a case be dismissed for lack of subject matter jurisdiction? |
At any time. |
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Where must the federal issue be located? |
Within the plaintiff's complaint. Anticipating a defense that might raise a federal issue is not enough nor can it look at what "might happen". |
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What is the indivisibility theory? |
All claims in the complaint must stand/fall as one civil action. |
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What is the contamination theory? |
Inclusion of claim/party falling outside jurisdiction deprives the court of jurisdiction over ALL of the claims. |
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What are the two ways to challenge subject matter jurisdiction? |
Direct challenge: in the course of litigation, not after the final judgment. Collateral challenge: default judgment because the defendant didn't show up & then oppose enforcement on the basis of lack of subject matter jurisdiction. |
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What are the four traditional bases of personal jurisdiction? |
1. Appearing in court (consent) 2. Resident of the state (domicile/citizen) 3. Found within the state (presence) 4. Property within the state (property) |
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What is the territorial theory of personal jurisdiction? |
States are all powerful within, all powerful without. This helps the states not intrude on the powers of their counterparts. |
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What is the Full Faith & Credit clause? |
Legal service in one state is recognized by law in other states. |
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What is in personam jurisdiction? What is in rem jurisdiction? |
In personam jurisdiction is a claim against a person, while in rem jurisdiction is a claim against the property, (suit to establish proper ownership). |
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What is quasi in rem jurisdiction? |
Suing only for the value of the property because the property is "standing in" for the person. |
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What is a special appearance? |
Appearing in court only to say that there is no personal jurisdiction over you. You cannot be served while doing this. |
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Can subject matter jurisdiction be waived? |
No. |
