Term
| Subject matter jurisdiction |
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Definition
A court has the power to hear this type of case
Can be raised at any time even on appeal. After appeal likely final. |
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Term
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Definition
| In federal courts the plaintiff must plead jurisdiction because federal courts have limited jurisdiction |
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Term
| Federal question jurisdiction |
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Definition
Cases arising under federal law
(Statutes, regulations, Constitution, or federal common law)
Or a state suit SUBSTANTIALLY AND DIRECTLY involves a federal question |
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Term
| Case Does Not Arise Under Federal Law When that Law is only a defense |
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Definition
| Claim of the person who would normally be the plaintiff arises under the plaintiff |
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Term
| Diversity of Citizenship Jurisdiction |
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Definition
1. Complete Diversity
2. Amount in controversy EXCEEDS $75K |
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Term
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Definition
Every plaintiff must be of diverse citizenship from every defendant
Interpleader exception:
1. Minimal diversity and
2. $500 amount in controversy |
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Term
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Definition
J = disputes between a citizen and a U.S. alien
Resident aliens . . . Look to domiciliary
No J = alien vs. alien |
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Term
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Definition
1. Permanent home
2. To which he intends to return |
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Term
| Citizenship: corporations |
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Definition
1. Every U.S. state and foreign company where inc.
2. A corporation's principal place of business where corporate headquarters are located |
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Term
| Citizenship: Unincorporated Associations |
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Definition
Example: partnership or labor union
Considered a citizen of each state where a member is a citizen.
REVIEW: Member = permanent home w/ intent to return |
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Term
| Citizenship: legal representatives |
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Definition
| Easy: same as party represented |
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Term
| Citizenship: class action |
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Definition
| Named members who are suing |
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Term
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Definition
All diversity suits in federal court must involve more than 75K.
Plaintiff's claim controls unless it appears to a legal certainty that less is involved
Separate claims: a single plaintiff may aggregate all claims against one defendant / can aggregate against multiple defendants if jointly |
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Term
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Definition
Only defendants may exercise right of removal
If removal is based on diversity and there is more than one defendant, all must be able to remove
Federal question: only defendants against whom a federal claim is brought
Files within 30 days of learning claim is removal |
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Term
| Removal jurisdiction: Federal question |
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Definition
Federal law + joined with state law claims that do not invoke diversity or supplemental jurisdiction, the entire case can be removed to federal court
Fed court then severs and remands state claims |
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Term
| Removal jurisdiction: diversity |
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Definition
Requires complete diversity
If defendant is a citizen of state in which action was brought, action is not removable
Cannot remove re: Diversity more than one year after it commenced unless bad faith is present |
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Term
| Effect of improper removal |
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Definition
| Federal court remands the action to state court (does not dismiss) |
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Term
| Multiparty, Multiform Trial Jurisdiction |
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Definition
75 people die from a single accident
Minimal diversity is required
Also, 1 of 3 conditions must be met:
1. one defendant must reside in a different state re: accident 2. any two defendants must reside in different states 3. substantial parts of the accident must have taken place in different states |
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Term
| Supplemental Jurisdiction |
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Definition
Permits a plaintiff to add claims or parties that do not have a separate federal subject matter basis
Same factual nucleus as the claim over which federal jurisdiction is predicated |
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Term
| Supplemental Jurisdiction Exceptions: Diversity |
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Definition
| Does not exist over claims against a plaintiff by a party joined by intervention or compulsory joinder, or over claims by a plaintiff against parties joined by interpleader, intervention, or compulsory joinder when claims are inconsistent with diversity j |
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Term
| Permissive joinder of plaintiff in diversity case |
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Definition
| A plaintiff who is permissively joined may use supplemental jurisdiction to support his claim so long as his joinder would not destroy complete diversity and there is one claim that satisfies the requirements of diversity jurisdiction |
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Term
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Definition
Feds must apply state SUBSTANTIVE law to nonfederal causes and defenses
State law = how highest court would decide
*Apply state law if state created right or obligation
Examples: staute of limitations, burden of proof, etc. |
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Term
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Definition
| Determines in which court that has jurisdiction case is to be brought |
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Term
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Definition
Proper where:
1. Any defendant resides if all defendants reside in same state
2. judicial district where a SUBSTANTIAL PART of claim arose; OR
3. A judicial district where defendant is subject to personal jurisdiction (Fall back) |
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Term
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Definition
Actions for damage to realty are "local"
Local actions must be brought where land is located |
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Term
| Effects of Improper or inappropriate venue |
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Definition
1. Waiver
2. Transfer
3. Dismiss (Federal) |
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Term
| Transfer of Venue (Federal court actions) |
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Definition
Can only be transferred to a federal court in which action might have been brought originally
Personal jurisdiction + venue |
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Term
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Definition
| A court may dismiss a suit when the original forum is substantially less appropriate than another court that can hear the mattter |
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Term
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Definition
If original venue was proper, where TRANSFEROR sits
Improper, TRANSFEREE sits |
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Term
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Definition
1.Physical presence at time of service
2. Domicile
3. Consent (voluntary, contract, implied)
4. Minimum contacts |
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Term
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Definition
Minium contacts so that maintenance of the suit against him does not offend traditional notions of fair play and substantial justice
See general jurisdiction and specific jurisdiction |
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Term
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Definition
| Systematic and continuos contacts = jurisdiction, even if contracts are unrelated to cause of action |
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Term
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Definition
Defendant may be subject to jurisdiction if cause of action arises out of activities within state
1. Defendant purposefully availed himself of state law
2. The state has a strong interest in providing a forum
3. The forum is convenient
4. state need for personal jurisdiction |
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Term
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Definition
| Minimum contracts doctrine merely provides the constitutional standards for courts to assert power over nonresidents- states must enact long arm laws. |
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Term
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Definition
A court has no in rem power over property outside state
Quasi in rem: a court has power over property located in state and may determine rights of named parties as to that property even though no personal jurisdiction.
*Mere presennce is not enoguh |
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Term
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Definition
Land: owned/possessed in state
Injury: in state
Matrimony: decree (not $$$)
Insurance contract: (property here)
Transaction: promised to do something |
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Term
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Definition
Abode: 13+
Waiver: request for waiver of formal process (60 day response)
Agent: authorized agent or managing agent
State methods
Personal service on defendant |
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Term
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Definition
1. Personal service
2. Substituted service: usual place of abode with someone 14+ and mailing a copy
3. Office service: person in charge of office during normal business hours AND mailing a copy
4. Mail service: first class mail + certified or registered mail
Proof of service is required |
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Term
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Definition
Actual notice may suffice
HOWEVER, has to be caused by plaintiff
Example: service reaches defendant. NOT, someone told defendant |
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Term
| Direct Attack / Collateral Attack |
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Definition
An objection to personal jurisdiction must be made in the defendant's first filing with the court or the objection is waived
A defendant does not enter case but allows a default judgment to be entered against him and then claims jurisdiction was improper in a second suit
Quasi in rem: defendant can either stay out and lose property or enter and be subject to personal jurisdiction |
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