Term
Federal Question (28 USC 1331)
GENERAL |
|
Definition
1). The federal law creates the cause of action
2). Plaitiff's right to reliefe depends on teh resolution of a substantial question of Federal law |
|
|
Term
| EXAMPLES OF FEDERAL QUESTIONS |
|
Definition
1. Federal Statutes
2. Admirality Cases
3. Interstate Commerce, Copyrights, & Patents
4. Where US is a party
5. Controversies btwn states
6. Cotroversy btwn US citizens and foreigners |
|
|
Term
| Amount in controversy for Federal Question claims |
|
Definition
| Does not matter if there is a federal question involved |
|
|
Term
Diversity Jurisdiction (28 USC 1332)
SCOPE |
|
Definition
| Controversy btwn citizens of different states, or btwn citizens of a state and citizens or subjects of a forein state AND the action is for more than 75,000 |
|
|
Term
|
Definition
| some claims may be added together to satisfy the jurisdictional amount of 75,000 |
|
|
Term
| Federal Courts may still DECLINE jurisdiction when.. (hint 4) |
|
Definition
1. the abstention doctrine is used
2. diversity is obtained from improper joinder of the parties
3. probate issues are the main part of suit
4. domestic relations are main part of suit |
|
|
Term
|
Definition
| Federal courts defer to state courts based on difficulty of question of state law presented or related litigation in state court |
|
|
Term
|
Definition
| no ONE plaintiff can be a citizen of the same state as any ONE defendant |
|
|
Term
|
Definition
1. place one is physically locate
2. with the intent to remain their indefinitely |
|
|
Term
| Diversity must exist when? |
|
Definition
At the time the complain is filed with the clerk
a) does not need to exist at time of trial or when action arose
b) complete diversity must be met at the time judgment is entered (Caterpiller v. Lewis) |
|
|
Term
| Citizenship of a corporation is? |
|
Definition
The state of INCORPORATION
AND
State where principal place of business is located |
|
|
Term
PENDENT PARTY JURISDICTION
(Supplemental Jurisdiction)
28 USC 1367 |
|
Definition
| Plaintiff with valid Federal claim against one defendant may bring state-based claim against second defendant over whom no independant basis of Federal Jurisdiction claim |
|
|
Term
| Supplemental Jurisdiction can be achieved if... |
|
Definition
1. derived from common nucleus of operative facts
2. Does not apply to diversity jurisdiction |
|
|
Term
Pendent Claim Jurisdiction
(Supplemental Jurisdiction) |
|
Definition
| Plaintiff with valid Federal Question claims may bring along a state based claim in federal court |
|
|
Term
| Pendent Claim Jurisdiction depends on... |
|
Definition
1.must derive from common nucleus of operative facts
2. Up to courts discretion whether to hear pendent claim based on considerations of judicial economy, convenience and fairness to litigants |
|
|
Term
| Cases which are NOT removable |
|
Definition
| Suits under FELA act, Jones act, violence against women act, and state workmen's compensation laws (28 USC 1445) |
|
|
Term
| Three types of personal jurisdiction |
|
Definition
1. In personam
2. In rem
3. Quasi in rem |
|
|
Term
|
Definition
1. Forum state (state which we are suing) has jurisdiction over Defendan'ts person
2. Judgement in forum state is entiteled to a full faith and credit in other states |
|
|
Term
|
Definition
| 1. When a court has power over Defendant's property or status |
|
|
Term
|
Definition
1. Power of court to attach or garnish property to gain jurisdiction over D.
2. Judgement affects only the property seized. |
|
|
Term
Traditional Test
(Pennoyer v. Neff) |
|
Definition
Presence in forum state AND
Services of lawsuit against him within forum state
(even if D is only within forum state for a few hours he can be served there)
(service on a plane flying over forum state is valid) |
|
|
Term
MINIMUM CONTACTS
(International Shoe v. Washington) |
|
Definition
1. Suit does not offend "traditional notions of fair play and substantial justice"
2. Activities must be systematic and continuous
3.Activities must be directed towards the forum
4. Must purposely avail
5. Possibility of litigation must be forseable
6. mere presece of property is not enough unless has minimum contacts |
|
|
Term
|
Definition
1. only one domicile at a time
2. person must intend to make that place his home |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Once minimum contacts are established the state must still ahve legislation authorizing its courts to accept such jurisdiction |
|
|
Term
|
Definition
asks for legal system to use gov't power to grant P relief
must state a claim |
|
|
Term
|
Definition
| responds to allegations of complaint |
|
|
Term
|
Definition
| requests court to take a step in D's favor ie dismiss case, summary judgment |
|
|
Term
|
Definition
| D fails to completely answer complaint |
|
|
Term
|
Definition
| P does NOT obey an order of the court during proceedings |
|
|
Term
|
Definition
| even if the court put ALL of the evidence in a light most favorable to the P they STILL could NOT win |
|
|
Term
|
Definition
| statements of the law that are applicable to the case |
|
|
Term
|
Definition
| RULE: a person is a citizen of a state in which he is DOMICILED |
|
|
Term
|
Definition
| claim preclusion-->bring claims from one incident all at once |
|
|
Term
|
Definition
| cant litigate the same issue twice |
|
|
Term
|
Definition
sanctions should be reserved for those exceptional circumstances in which the claim asserted is patently unmeritorious of frivolous
(ie burden does not outweigh benefits) |
|
|
Term
|
Definition
| Federal pleadings require only a "short an plain statement" of the claim shoing that hte pleader is entitled to relief. |
|
|
Term
|
Definition
1. If there is asserted against them jointly, severally, or in teh alternative any right to relief in respect of or arising out of the same transaction, occurence, or series of tranactions or occurances
AND
2. the court may make such orders as will prevent a party from being embarrassed, delayed or put to expense by the inclusion of a party against whom the aprty asserts no claim and who asserts no claim against teh party, and may order seperate trials or make other orders to prevent delay or prejudice |
|
|
Term
|
Definition
| the court in the district where the deposition is to be take may make any order which justice requires to protect party or person from annoyance, embarrasment, oppresssion, or undue burden or expense |
|
|
Term
|
Definition
| Mandates the entry of SJ, after adequate time for discovery & upon motion, against a party who fails to make a showing sufficient to establish teh existence of an element substantial to that party's case, an on which that party will bear the burden of proof at trial |
|
|
Term
Rush v. City of Maple Heights
(motorcycle accident with husband) |
|
Definition
| one wrongful act constitutes ONE TORT and not 2 distinct torts |
|
|
Term
| PERSONAL JURISDICTION is granted by what? |
|
Definition
14th amendment Due Process clause
( must have power of the D's person and notice) |
|
|
Term
|
Definition
| minimum contacts listed have to be connected to the claim one's bringing |
|
|
Term
|
Definition
| minimum contacts so substantial that one have have jurisdiction over anything |
|
|
Term
| Can you waive personal jurisdiction? |
|
Definition
|
|
Term
| Full faith and credit clause |
|
Definition
a judgment in TX must be honored in NY, if they had personal jurisdiction over you
(insures that if you have personal jurisdiction other state courts can't undermine that) |
|
|
Term
Pennoyer v. Neff
(printed service of process in newspaper) |
|
Definition
1. state has exlusive jurisdiction over people and property w/in its borders
2. No state can exercise juris. over people or prop. in other states
3. Judgments in personam w/o personal service shall NOT be upheld
4. Judgments in rem with only constructive service may be upheld |
|
|
Term
| International Shoe v. Wash. |
|
Definition
| 14th amend. Due process clause give a court the authority to exercise in personam jurisdiction ONLY if minimum contacts, ties, or relations exist btwn D and the forum state |
|
|
Term
|
Definition
| those who claim some relationship w/ a non resident can't satisfy the requirement of contact with the forum state. Must purposefully avail istelf of the privilege of conduction activities w/in the forum state thus invoking the benefits & protections of its laws |
|
|
Term
| Quasi in rem and debts, stocks, etc. |
|
Definition
| Court says that quasi in rem has gone to far |
|
|
Term
WWV v. Woodson
(purchase VW from NY injured in OK, sued in OK) |
|
Definition
court may exercise personam jurisdiction over D ONLY IF the D has purposefully availed itself to the forum state's benefits and protections
(not so here) |
|
|
Term
WWV v. Woodson
(purchase VW from NY injured in OK, sued in OK) |
|
Definition
court may exercise personam jurisdiction over D ONLY IF the D has purposefully availed itself to the forum state's benefits and protections
(not so here) |
|
|
Term
Asahi v. Superior Court
(motorcycke accident sue maker of tubing) |
|
Definition
requires the action of D to be more purposefully direct towards the forum state than the mere act of placing the product into the stream of commerce.
Also does not satisfy fair play and justice |
|
|
Term
Reasonable Factors Test
(NEED TO KNOW) |
|
Definition
1. Burden on the D
2. Interest of the forum state
3. P's interest in obtaining relief
4. Interstate judicial system's interest in efficiency on resolution
5. Shared interest of several states in futhering fundamental substantial social policies |
|
|
Term
| 3 Prongs to exercise PJ over a non-resident D |
|
Definition
1. D has purposefully availed himself of forum benefits (purposeful availment test)
2. Teh controversy is related to or arises out of D's contacts
3. The assertion of PJ would comport with fair play and justice |
|
|
Term
| To figure if a D's contacts are "fairly extensive" for general jurisdiction you must... |
|
Definition
| look at the raw numbers and percentages and how it's relative to the business |
|
|
Term
|
Definition
| jurisdiction based on physical presece (ie transient jurisdiction) alone constitutes due process |
|
|
Term
|
Definition
| reasonably calculated, under all the circumstances, to apprise interested parties of the pendent action and afford them the opportunity to present their objections |
|
|
Term
|
Definition
| anyone not included in the suit, over the age of 18 |
|
|
Term
|
Definition
| if D brings in 3rd party & no jurisdiction over 3rd party they must be w/in 100 miles of court house |
|
|
Term
|
Definition
| allow states to decide how they want to exercise or not execise as much personal jurisdiction that constitution will allow |
|
|
Term
|
Definition
| a person can sue in a state but venue is in which federal district the suit may be brought |
|
|
Term
| Federal Courts canNOT hear cases of state law unless? |
|
Definition
| diversity jurisdiction is present |
|
|
Term
Diversity & Federal question venue
Section 1391(a)(b)
(venue is only proper in district where...) |
|
Definition
1. Any D resides, provided all D's reside in same state
2. Any substantial part of the events of the claim occurred
3. A district where any D is subject to personal jurisdiction at teh time action is commenced |
|
|
Term
|
Definition
| an alien may be sued in any district |
|
|
Term
| Subject Matter Jurisdiction |
|
Definition
| Jurisdiction over the nature of the case and the type of relief sought |
|
|
Term
|
Definition
|
|
Term
| Reasons to choose one court over another... |
|
Definition
1. Federal Courts usually quicker
2. one may be more favorable to client (ie jury pool, judge, higher reward) |
|
|
Term
| Provision of 28 USC Section 1331 |
|
Definition
gives DC's jurisdiction over cases "arising under" the
1. Constitution
2. Statutes
3. Treaties of federal government |
|
|
Term
|
Definition
| not enough that P alleges that D's defense will be under constitutional provision. P did not show original claim fell under constitution |
|
|
Term
| Can you consent to subject matter jurisdiction? |
|
Definition
| No you cant give the court the power |
|
|
Term
Well pleaded complaint rule
Section 1331 |
|
Definition
the federal question must be apparent on face of complaint and MUST be necessary to the pleading
an efficiency issue
want to know if it is a federal issue before hearing thwe whole thing, must be decided at begining |
|
|
