Term
| 1. Personal Jurisdiction requires that the defendant be ________ to the forum state's jurisdiction, and that the defendant be_________. |
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Definition
amenable
served with proper notice |
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Term
| Amenability to personal jurisdiction is governed by the ________, subject to the limits of the _________ of the US Constitution. |
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Definition
forum state's law
due process clause |
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Term
3. Pennoyer v. Neff described three bases for state jurisdiction over persons and things. They are:
a._________ jurisdiction over a person
b._________ jurisdiction over interests in property
c. ________ jurisdiction over seized property, where plaintiff's claim is unrelated to the seized property. |
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Definition
a. In personam
b. In rem
c. Quasi in rem |
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Term
| Note that quasi in rem jurisdiction is arguably unconstitutional after Shaffer v. Heitner. |
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Definition
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Term
| Pennoyer based its jurisdictional formula on __________ over persons and property within its borders |
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Definition
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Term
Under Pennoyer's in personam jurisdiction, a judgment in plaintiff's favor:
-would be ____ in all states
-for the full ____of damages
-may be ______ until fully collected |
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Definition
binding
amount
enforced repeatedly |
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Term
Under Pennoyer's in rem jurisdiction, a judgment in favor of plaintiff:
-affects ______ in a res (both ____ and ____ to the lawsuit)
-does not result in a _______
does not require ______outside the forum. |
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Definition
everyone's interests
parties, nonparties
money judgment
enforcement |
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Term
Under Pennoyer's quasi in rem jurisdiction, a judgment in plaintiff's favor:
-entitles plaintiff to the_________
-is not a _________
-is not _________
-may not be enforced _________
may not be enforced ___________ |
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Definition
property attached for jurisdiction
personal judgment
enforceable against any other property
more than once
outside the forum |
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Term
| Another type of jurisdiction not discussed in Pennoyer is ______ which involves the state's authority to adjudicate such matters as divorce, adoption, citizenship and mental competence. |
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Definition
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Term
| ________________ altered Pennoyer's rule for personal jurisdiction, replacing the concepts of ________ with the new standards of __________ and _________ provided by the minimum contacts test. |
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Definition
International Shoe Co. v. Washington
state power
reasonableness
fairness |
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Term
The current test for amenability, following International Shoe and other cases, does not require the minimum contacts test if the defendant satisfies any one of the four "traditional" bases for in personam jurisdiction. Those bases are:
______ in the forum state
______ to jurisdiction
_______ of objection to jurisdiction
_______ in the forum state when served |
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Definition
Residence
Consent
Waiver
Physical presence |
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Term
| Consent to jurisdiction has two forms, ______ consent and _____ consent. ___________ are an example of express consent, and ____________ are an example of implied consent. |
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Definition
express
implied
Forum Selection Clauses
non-resident motorists statutes |
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Term
| If none of the traditional bases are present, a state may only exercise in personam jurisdiction over defendants who have minimum contacts with the state. The two categories of minimum contacts are ____________ and ____________. |
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Definition
specific jurisdiction
general jurisdiction |
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Term
| ______________ is where the lawsuit arises from or relates to the nonresident defendant's contacts with the forum state. ___________ is where the lawsuit is unrelated to the nonresident defendant's contacts with the forum state. |
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Definition
Specific Jurisdiction
General Jurisdiction |
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Term
Specific Jurisdiction has four contacts tests, which are that the defendant
a. __________ itself of the benefits and protections of forum law;
b. should have ________ that its activity would subject it to jurisdiction in the forum state;
c. could ________ being haled into court in the forum state;
d. placed its product in the ___________ and could foresee that it would be used in the forum state. |
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Definition
a. purposefully availed
b. foreseen
c. reasonably anticipate
d. stream of commerce |
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Term
| General Jurisdiction has one contact test, which is that it has ____________ with the forum state. |
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Definition
| continuous and systematic contacts |
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Term
| If the defendant has no contacts with the forum (and does not meet one of the four traditional bases of jurisdiction), then there is ___________ over that defendant. If, on the other hand, defendant does have specific or general contacts, then the court must consider the __________ test. This is a ___________ test with 5 factors, which are: |
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Definition
no personal jurisdiction
fair play and substantial justice
balancing
i. burden on the defendant
ii. plaintiff's interest in convenient and effective relief
iii. the forum state's interest
iv. the shared interests of several states in furthering fundamental social policies
v. the judicial system's interest in effective resolution of controversies |
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Term
The due process requirements for notice to defendant is stated in Mullane v. Central Hanover. Under that case, notice is consitutionally sufficient if it is--
"___________ under all circumstances, to apprise ________ parties of the pendency of the action, and afford them an ___________ and ___________." |
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Definition
reasonably calculated
interested
opportunity to appear
present objections |
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Term
| An abbreviated version of the Mullane notice rule is that _______ requires _______ and an ____________. |
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Definition
due process
notice
opportunity to be heard |
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Term
| Which rule of the Federal Rules of Civil Procedure deals with initially notifying the defendant of the lawsuit? |
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Definition
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Term
Under Fed. R. Civ. P. 4, the two primary methods for service of process on a competent adult are:
a. ________ to defendant
b. leaving copies at __________ with a person of ___________. |
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Definition
personal delivery
defendant's residence
suitable age and discretion |
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Term
| In most cases, the federal method of service on defendants outside the district is by the _________ statute of the state in which the federal court sits. |
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Definition
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Term
The purpose of venue rules are:
a. ______ to defendant
b. ___________ of caseload within the forum state |
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Definition
fairness
geographic allocation |
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Term
| The general statute for general venue provisions is ____________. |
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Definition
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Term
| The purpose of forum non conveniens is to move _____________ bases on fairness and convenience. |
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Definition
| cases from one forum to another |
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Term
| Subject matter jurisdiction refers to the court's authority to adjudicate based on the _________ and in some cases, ____________. |
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Definition
type of case
dollar amount in controversy |
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Term
| Federal courts have subject matter jurisdiction over two types of cases: |
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Definition
federal question
diversity of citizenship |
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Term
| The statute dealing with general federal question jurisdiction is ___________. It provides that federal courts have jurisdiction over any ________________ of the United States. |
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Definition
28 U.S.C. sec. 1331
case or controversy arising under the constitution, laws, or treaties |
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Term
| In addition to the general federal question provisions in 28 U.S.C. sec. 1331, there are specific statutes on federal question jurisdiction, including actions against (name three): |
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Definition
foreign states, admiralty, patents, civil rights, consuls, internal revenue
and
United States as plaintiff or defendant |
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Term
| Diversity jurisdiction is covered by __________. That statute provides that federal courts have subject matter jurisdiction over claims between __________ or between ________ and _________, where the amount in controversy__________. |
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Definition
28 U.S.C. sec. 1332
citizens of different states
state citizens
foreign citizens
exceeds $75,000 |
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Term
| Although the constitution requires only _______ diversity, 28 U.S.C. sec. 1332 requires _________ diversity. This means that all plaintiffs must have different citizenship than all defendants. |
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Definition
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Term
| For diversity purposes, a corporation has two citizenships, which are: |
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Definition
a. state of incorporation
b. principal place of business |
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Term
| For diversity purposes, partnerships have the citizenship of________. |
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Definition
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Term
| The amount in controversy is determined by plaintiff's __________. |
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Definition
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Term
In achieving the amount in controversy, may plaintiff aggregate (answer "yes" or "no"):
a. all of plaintiff's claims against one defendant?
b. alternate theories of recovery for the same wrong?
c. claims of different plaintffs?
d. claims against different defendants? |
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Definition
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Term
| In some cases, a related claim that lacks diversity or federal question jurisdiction may be included. This is called________. |
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Definition
| supplemental jurisdiction |
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Term
| Federal courts traditionally abstain from _________, _______, and ________________. |
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Definition
family law
probate
state criminal proceedings |
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Term
| If plaintiff has filed his action in state court, and jurisdiction is proper in federal court, defendant may remove the case to federal court. This is done by filing a ______________ in federal court, attaching a copy ____________ and ___________ to the state court and all parties. |
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Definition
Notice of Removal
of all state court pleadings
giving notice |
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Term
| If there is a _________ defect in the removal, the case must be remanded to state court no matter when the objection is made. |
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Definition
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Term
| If there is a _________ defect in the removal, the case must be remanded to state court if a __________________. |
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Definition
procedural
proper and timely objection is filed |
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Term
| State court subject matter jurisdiction is governed by _________. |
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Definition
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Term
| In state courts, subject matter jurisdiction is designated by _________ and/or __________. |
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Definition
type of case
dollar amount |
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Term
| In Texas, state district courts have ______________ over all claims of ______ or more in controversy. |
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Definition
general jurisdiction
$500 |
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Term
| Federal courts have ________ jurisdiction over patent claims. Federal and state court share _________ jurisdiction over ______________. |
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Definition
exclusive
concurrent
federal civil rights actions |
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Term
| A court has _________ jurisdiction if it is the required forum at the beginning of the case. A court has _______ jurisdiction if it may adjudicate a case only after it has been heard in a lower court. |
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Definition
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Term
| A Texas state district court has _________ jurisdiction over any dispute involving $500 or more, and __________ jurisdiction over appeals from Texas state agency decisions. |
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Definition
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Term
| A federal district (trial) court has _________ jurisdiction over appeals from federal administrative agency decisions. |
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Definition
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Term
| The United States Supreme Court has __________ jurisdiction over disputes between states. |
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Definition
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Term
| Justiciability includes four doctrines: |
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Definition
Standing
Ripeness
mootness
Political Question |
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Term
| The Doctrine of standing has two components: |
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Definition
Article III standing
Prudential standing |
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Term
The test for Article III standing has three elements:
a. that plaintiff suffer an _________ which is concrete and particularized, and actual or imminent;
b. a ___________ between the injury and the conduct complained of; and
c. a likelihood that the __________________ |
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Definition
a. injury in fact
b. casual connection
c. injury will be redressed by a favorable decision |
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Term
The categories of prudential standing are:
a. Limited _______ standing:
b. No _______; and
c. The _________________ test. Justiciability |
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Definition
a. third-party
b. general grievances
c. zone of protected interests |
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Term
| The Rules of Decision Act provides that "the _____________, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as _____________ in civil actions in the courts of the United States, in cases where the apply." |
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Definition
laws of the several states
rules of decision |
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Term
| _______________ interpreted the Rules of Decision Act to require federal courts to apply the ________________ in cases where state law applied. |
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Definition
Swift v. Tyson
general American common law |
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Term
| Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law applies in federal court, the federal court must apply _____________________. |
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Definition
| the law of the state in which that federal court sits |
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Term
| ______________ coined the "_______________, " which provides that the Erie Doctrine mandates state law only where it affects substantive rights that are potentially outcome determinative. |
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Definition
Guaranty Trust v. York
outcome determinative test |
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Term
| ________________ modified the ________________, holding that the court should _______________ in the case to determine which interests were stronger. _________ further held that one factor of the balancing test is whether the state law in question is ________________ outcome determinative. Thus, _____ gives more importance to state laws that absolutely change the outcome of the case. |
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Definition
Byrd v. Blue Ridge
outcome determinative test
balance state and federal interests
Byrd
absolutely or definitively
Byrd |
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Term
| ________________ provides the current version of the ____ Doctrine, holding that if there is a _______________ on point, that rule applies and there is no _____ problem. If there is no Rule on point, then apply the Byrd tests. |
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Definition
Hanna v. Plumer
Erie
Federal Rule of Civil Procedure
Erie |
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Term
| To determine the content of state law in federal court, the Erie Doctrine directs that the court look to __________ and ___________________. Persuasive (but not binding) authority is found in __________________ and ___________________. Erie also allows courts to make an _____________ as to state law. |
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Definition
state statutes
decisions from the state's highest court
lower state appellate courts
federal court opinions on state law
educated guess |
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Term
| The Rules Enabling Act (28 U.S.C. sec. 2072) provides the United States Supreme Court may enact the _________________, provided that no rule may _________________ any substantive right. |
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Definition
Federal Rules of Civil Procedure
abridge, enlarge, or modify |
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Term
| The most prominent Rules Enabling case is ___________, which resolves the conflict between the Rules Enabling Act and the _____________. |
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Definition
Hanna v. Plumer
Erie Doctrine |
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Term
| Choice of law is the process by which courts determine which ____________ law will be applied in a case. |
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Definition
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Term
| Choice of law rules may be _________ or __________. |
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Definition
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Term
| One example of a choice of law statute is Texas Civil Practice and Remedies Code sec. 71.031, which provides that in wrongful death actions the law of the state _______________ will govern. |
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Definition
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Term
| One example of a common law choice of law rule is the Texas case of Duncan v. Cessna, which holds that Texas courts will use the "_______________" to choose the governing law. This rule applies except where there is ________________, or where the action is based on contract that contains a ________________. |
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Definition
most significant relationship test
statutory choice of law rule
valid choice of law clause |
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Term
| In federal courts, choice of law for non-federal question cases is controlled by the choice of law rules of ___________________. |
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Definition
| the state in which federal court sits |
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