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Jurisdiction & Venue Flashcards

Learn about: - Federal subject-matter jurisdiction - Federal question jurisdiction - Diversity jurisdiction - Supplemental jurisdiction - Removal - Personal jurisdiction - Venue - Forum non conveniens - Transfer - Notice - Service of Process (66 cards)

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1
Q

Define:

subject-matter jurisdiction

A

The power of the court to hear cases based on the subject or type of legal issue involved.

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2
Q

What are the 3 types of subject-matter jurisdiction?

A
  1. Federal Question Jurisdiction
  2. Diversity Jurisdiction
  3. Supplemental Jurisdiction
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3
Q

Define:

federal question jurisdiction

A

Jurisdiction for any claims “arising under” the Constitution, federal law, or United States treaties.

28 U.S.C. § 1331

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4
Q

Elements of ​federal question jurisdiction

A
  1. There is a federal question in dispute; and
  2. Question appears on the face of a well-pleaded complaint

More info: Federal Question Jurisdiction

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5
Q

What is the well-pleaded complaint rule?

(also known as the Mottley Rule)

A

P must state that D has already violated a federal law on the face of the complaint to qualify as federal question jurisdiction. Federal question cannot be asserted as a defense (by P or D) - the federal question issue must be asserted by P on the face of the complaint.

⚠️ Note: P can’t anticipate that D will violate a federal question in the future; the violation must have already occurred to satisfy the well-pleaded complaint rule.

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6
Q

What is diversity jurisdiction and when does it exist?

A

Jurisdiction based on the citizenship of the plaintiff and defendant.

Exists when:

  1. There is complete diversity between parties (no party is a citizen of the same state as the other party); and
  2. Amount in controversy is greater than $75,000

28 U.S.C. § 1332

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7
Q

How is citizenship for diversity jurisdiction determined for:

  1. Persons?
  2. Corporations?
A
  1. Persons: citizen of the state in which they are domiciled (i.e. where they currently reside and intend to remain indefinitely). Only one domicile allowed.
  2. Corporations: citizen of the state where the company is incorporated and/or maintains its principal place of business. Can be domiciled in more than one state.
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8
Q

Where is a corporation’s principal place of business?

A

The place where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities, i.e. “the brain/nerve center.” Typically the corporate headquarters.

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9
Q

True or False: In a suit between a party and a corporation, the party must be diverse from both the corporation’s place of incorporation and principal place of business to satisfy the requirements for diversity jurisdiction.

A

True. Complete diversity between the place of incorporation and principal place of business must exist to satisfy diversity.

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10
Q

An unincorporated association is a citizen of which state?

A

28 U.S.C. § 1332(c). The Supreme Court holds that an unincorporated legal entity is a citizen of every State in which any of its members are citizens

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11
Q

In class actions, when is complete diversity not required for diversity jurisdiction?

A

In class actions when:

  1. There are more than 100 members in P’s class;
  2. The amount in controversy is greater than $5 million; and
  3. Any individual member of the class is diverse from any individual D
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12
Q

Do damages of $75,000 satisfy the amount in controversy?

A

No, must be greater than $75,000.

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13
Q

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is:

  • One plaintiff, one defendant
  • Multiple plaintiffs, one defendant
  • Multiple defendants, one plaintiff
A
  • One plaintiff, one defendant: Yes
  • Multiple plaintiffs, one defendant: Yes, if common or undivided interest
  • Multiple defendants, one plaintiff: Only if the defendants are jointly liable
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14
Q

Is diversity reevaluated when a complaint is amended?

A

Yes, reevaluated at the time of the amendment.

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15
Q

Define:

supplemental jurisdiction

A

Power for courts to hear a claim that does not have SMJ as long as the claim is substantially related to one for which SMJ does exist.

28 U.S.C. § 1367

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16
Q

If the court has federal question jurisdiction, how do you determine whether supplemental jurisdiction exists?

A

Ask: Do the claims arise from the same transaction or occurrence? (i.e. share a “common nucleus of operative fact”?)

If yes, supplemental jurisdiction likely exists.

28 USC § 1367

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17
Q

If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists?

A

Ask:

  1. Do the claims have a common nucleus of operative facts?
    If yes, proceed to question two:
  2. Is P bringing the claim in order to bring in a new party pursuant to FRCP 14 (third-party plaintiff), 19 (mandatory joinder), 20 (permissive joinder), or 24 (intervention)?
    If yes, proceed to question three:
  3. Will the new party’s presence in the lawsuit maintain diversity jurisdiction? (i.e. not destroy diversity jurisdiction)

If yes, then supplemental jurisdiction exists.

28 § U.S.C. 1367(b)

⚠️ Remember, this exception only applies when P brings a claim that would add the new party to the suit. The rule exists to prevent P’s from skirting the requirements of diversity jurisdiction by joining parties not originally named in the action.

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18
Q

In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met?

A

When:

  1. Claim raises a novel or complex issue of state law;
  2. State law claim substantially predominates;
  3. District court has dismissed all other claims over which it has original jurisdiction; or
  4. In exceptional circumstances, if there are other compelling reasons for declining jurisdiction

28 U.S.C. § 1367(c)

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19
Q

Define

removal jurisdiction

A

Allows federal courts to hear cases that are removed from state court to federal court in the same district where the suit is pending.

28 USC § 1441

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20
Q

When can a case be removed to federal court? (generally)

A

When P could have filed original complaint in federal court.

⚠️ Federal court must have federal question, diversity, or supplemental jurisdiction over all claims

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21
Q

Which parties can seek to remove a case?

A

Defendants only. P’s can never seek to remove, even if the D’s filed a counterclaim.

28 USC § 1441(a)

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22
Q

What are the special requirements for removal based on federal question?

A

The well-pleaded complaint rule must be satisfied (i.e. the federal question must be presented on the face of the original complaint).

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23
Q

Hypo: P files complaint based on state law. D files answer asserting federal question and seeks to remove to federal court. Should removal be allowed?

A

No, because of the well-pleaded complaint rule. Federal question jurisdiction cannot be based on the answer - must be asserted on the face of the complaint.

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24
Q

When is removal based on diversity jurisdiction allowed?

A
  1. D is not a citizen of the state in which the action was filed;
  2. It is less than a year after filing; and
  3. Diversity existed at the time of filing and when the notice for removal was filed (unless P dismissed the party who would have destroyed diversity jurisdiction)
  4. Amount in controversy exceeds $75,000 (you may remove for injunction relief in some cases)

28 USC § 1446(c)

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25
What is the rule for **removal** when there are **multiple D's**?
All D's must agree to removal, or else case must remain in state court. ## Footnote [28 USC §1446(b)(2)(A)](https://www.law.cornell.edu/uscode/text/28/1446)
26
**How** does a D seek to remove and **within what time frame**?
**File a notice to remove** with federal court **within 30 days** after grounds for removal became apparent (i.e. when D was served with process). ## Footnote [28 USC § 1446(b)](https://www.law.cornell.edu/uscode/text/28/1446)
27
If P sues **multiple D's**, how long do the D's have to remove?
Each D has **30 days** from the date they were made aware of the grounds for removal. ## Footnote [28 USC § 1446(b)(2)(B)](https://www.law.cornell.edu/uscode/text/28/1446)
28
What can P do if the removal was **improper**?
Request **remand** to state court.
29
# Define personal jurisdiction
Court's power to exercise jurisdiction over **parties or property** in the case, limited by the Constitution or statute. Balances justice and fairness with individual rights. ## Footnote *More info:* [Personal Jurisdiction](https://www.law.cornell.edu/wex/personal_jurisdiction)
30
What are the 3 types of PJ?
1. In personam (over person) 2. In rem (over property) 3. Quasi-in rem (over property not involved in suit)
31
To satisfy **due process** for PJ, what **two general things** must exist?
1. Minimum contacts with the state such that it does not offend traditional notions of fair play and substantial justice; and 2. Notice
32
What is the **minimum contacts** analysis for PJ?
1. Did D **purposefully avail** himself of the forum (such that it was foreseeable litigation could occur)? 2. Did the i**njuries arise out of that purposeful availment**; and 3. Would exercise of PJ violate **notions of fair play and substantial justice**? ## Footnote ⚠️ Note: It is extremely rare for PJ to violate notions of fair play and substantial justice if D has minimum contacts with the state. [International Shoe v. State of Washington, 326 U.S. 310 (1945)](https://www.law.cornell.edu/supremecourt/text/326/310)
33
What constitutes **purposeful availment**?
**Deliberately directing** activities at the forum state (i.e. contacts are not "random," "fortuitous," or "attenuated"). Examples of purposeful availment include: * Directly soliciting business from state residents * Entering into contracts with state residents * Agreeing to a choice of law clause for the forum state ## Footnote [World-wide Volkswagen v. Woodson, 444 U.S. 286 (1980)](https://www.law.cornell.edu/supremecourt/text/444/286)
34
Can **purposeful availment** be established even if D has **no offices, property, or employees** in the forum?
**Yes.** For example, purposeful availment can exist if D has contracted with other businesses in the state, directed advertising specifically at the state, etc.
35
What **factors** does the court balance when determining whether PJ would violate "**traditional notions of fair play and substantial justice**"?
1. **Burden on D** (primary concern); 2. **Forum state's interest** in hearing the suit; 3. P's interest in obtaining **convenient and effective relief**; 4. State's interest in **efficient adjudication**; and 5. Furtherance of **social policies** ## Footnote [World-wide Volkswagen v. Woodson, 444 U.S. 286 (1980)](https://www.law.cornell.edu/supremecourt/text/444/286)
36
Is putting a product into the **stream of commerce** sufficient to establish minimum contacts?
**No,** merely placing a product into the stream and knowing it will end up in the forum is not sufficient. D must engage in **other deliberate activities** in the forum (such as advertising or servicing the products).
37
How do you determine whether cases involving the **internet/websites** have minimum contacts?
Look at how much interaction the resident has with the website: 1. **Passive** websites: no ability to transmit info, **only viewable** (rare for minimum contacts to exist) 2. **Interactive**: resident of a state inputs info into website but **doesn't engage in transactions** (further context needed to determine whether minimum contacts exist) 3. **Active**: resident actively engages with website, **completes transactions**, inputs info, etc. (minimum contacts exist)
38
# Define specific jurisdiction
Exists when the claim is related to D's **contacts in the forum state.** ## Footnote Examples include: * Committing a tortious act in a state * Signing a contract in a state
39
# Define general jurisdiction (in the context of corporate defendants)
Only exists when D's contacts with the forum state are so **continuous and systematic as to render the D essentially at home.** ## Footnote ⚠️ General jurisdiction is rare. It typically only exists for corporations in their state of incorporation or principal place of business.
40
Will a court have **PJ** over D just because D has **property in the state**?
No, D must still have **minimum contacts** for PJ to exist.
41
What are 3 ways a party can **consent** to personal jurisdiction?
1. **Appearance:** occurs when a party appears in court **without having objected** to personal jurisdiction in their initial filing or appearance; 2. **Contract**: a signed contract containing a choice of forum clause; and 3. **Appointment**: the party has an appointed agent in the state where it is filed
42
If a court has PJ over D and renders a judgment, can **another state** seize D's property located in that state, even if the D **doesn't have minimum contacts** in that state?
Yes (quasi in rem jurisdiction)
43
Does a state gain PJ over a D if they are **passing through** to attend another judicial proceeding?
No, not if D is just **passing through to attend a judicial proceeding.** However, if D is present in the forum state and not just passing through, PJ can be exercised.
44
If D is able to establish that there was **no PJ** due to **improper service**, is D entitled to have a default judgment set aside as **void**?
Yes, D can seek to have the judgment vacated. ## Footnote ⚠️ Note: The one year statute of limitations for motion to set aside a judgment will not apply - there is no time limit.
45
What is required to satisfy **due process** when exercising PJ?
**Notice** (i.e. reasonably calculated steps to inform D of the action against him)
46
How can **process** be served?
In the manner either: 1. Prescribed by the state court **in the state where the federal suit has been filed**; or 2. Prescribed by the state court **in the state where D will be served**; or 3. Specified in [FRCP 4(e)(2)](https://www.law.cornell.edu/rules/frcp/rule_4) --\> (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
47
What are the acceptable **methods** of service specified in **FRCP 4**?
1. Deliver the process to **D himself** wherever he may be; 2. Leave process at **D's home** with someone of suitable discretion (aged 18 or older) who also lives there; 3. Serve D's **registered agent**; 4. **Mail** service to D, requesting waiver (if mailed, D gets 3 extra days to respond); or 5. Any other **method prescribed by the state** where the federal court is located ## Footnote [FRCP 4](https://www.law.cornell.edu/rules/frcp/rule_4)
48
What are the methods prescribed by FRCP 4(h) for service of process for a **corporation**?
1. Serve process to an **officer**; 2. Serve process on a **managing agent or general agent;** or 3. Serve process on **any other agent authorized** by appointment or by law to receive service (e.g. registered agent) ## Footnote [FRCP 4(h)](https://www.law.cornell.edu/rules/frcp/rule_4)
49
What **documents** does D need to be served with to satisfy service of process?
1. A copy of the **complaint**; and 2. A **summons** (must be signed by the court clerk and identify the parties, the court, & plaintiff's attorney as well as when and where to appear) ## Footnote ⚠️ Note: If both the complaint & summons have not been served, process has not been completed.
50
**Who** is eligible to serve process?
Any person who is **at least 18** years old and **not a party** to the action. ## Footnote [FRCP 4(c)(2)](https://www.law.cornell.edu/rules/frcp/rule_4)
51
What is the **deadline** for service of process?
Within **90 days** of filing the complaint. ## Footnote [FRCP 4(m).](https://www.law.cornell.edu/rules/frcp/rule_4)
52
What happens if P **fails to timely serve** process?
The court, either on motion or on its own after notice to P, must **dismiss** the action **without prejudice** or **order** that service be made. ## Footnote ⚠️ Note: If P shows good cause for the failure, the court must extend the time for service for an appropriate period. [FRCP 4(m)](https://www.law.cornell.edu/rules/frcp/rule_4)
53
Does failure to file **proof of service** affect the validity of the service?
No, although proof of service is required (unless service is waived), failure to prove service does not make the service invalid. ## Footnote [FRCP 4(l)(3)](https://www.law.cornell.edu/rules/frcp/rule_4)
54
If **new claims** are filed during a lawsuit, does **new process** need to be served?
No, new service of process only needs to be served when a **new party** has been added to the lawsuit.
55
Can P request that D **waive** service?
Yes, P can request waiver by mailing D a copy of the complaint along with 2 copies of the form for waiver of process. ## Footnote [FRCP 4(d)(1)](https://www.law.cornell.edu/rules/frcp/rule_4)
56
If D **waives** service, **how long** do they have to respond to the complaint?
**60 days** after the request was sent (90 days for international defendants) ## Footnote [FRCP 4(d)(3)](https://www.law.cornell.edu/rules/frcp/rule_4) ⚠️ Note: If process is not waived, an answer must be filed within 21 days, absent other instruction from the court.
57
Does waiver of service waive D's **right to object to PJ or venue?**
No. ## Footnote [FRCP 4(d)(5).](https://www.law.cornell.edu/rules/frcp/rule_4)
58
If an action is based on duties performed **on behalf of the U.S.** (e.g. federal marshal), how must process be served?
Both the individual **and** the U.S. needs to be served. ## Footnote [FRCP 4(i)](https://www.law.cornell.edu/rules/frcp/rule_4)
59
# Define venue
**Location** where suit can occur (called "judicial district" in federal court)
60
Where is **venue proper**?
1. District where D **resides,** if all D's are residents of the state in which the district is located; or 2. District where a **substantial portion of events** giving rise to the claim occurred; or, if none of these provide basis for venue then → 3. Any district that has **PJ over any D** ## Footnote [28 USC § 1391(b)](https://www.law.cornell.edu/uscode/text/28/1391)
61
If **D's** reside in the **same** **state**, where is venue proper?
Any judicial district in which **any single D resides**. ## Footnote [28 USC § 1391(b)(1)](https://www.law.cornell.edu/uscode/text/28/1391)
62
If D's reside in **multiple states**, where is venue proper?
1. Location where a **substantial** part of the events occurred; or 2. Location where the **disputed property** is located ## Footnote [28 USC §1391(b)(2)](https://www.law.cornell.edu/uscode/text/28/1391)
63
For **venue** purposes, where do **corporations reside**?
**If corporation is the defendant**: any judicial district in which they are subject to **personal jurisdiction.** **If corporation is the plaintiff:** judicial district in which it maintains its principal place of business. ## Footnote [28 USC § 1391 (c)(2)](https://www.law.cornell.edu/uscode/text/28/1391)
64
Where can a party transfer venue if: 1. Original venue was **proper**? 2. Original venue was **improper**?
1. Original venue proper: As long as the **new district** would also have **proper venue,** the transfer will be granted if the new district is more convenient for the suit. 2. Original venue improper: any district where venue would be proper. ## Footnote [28 USC § 1404.](https://www.law.cornell.edu/uscode/text/28/1404) [28 USC §1406(a).](https://www.law.cornell.edu/uscode/text/28/1406)
65
If venue is transferred under [28 USC § 1404](https://www.law.cornell.edu/uscode/text/28/1404) (motion/consent of the parties, or convenience), the new court must apply the rules of **which court**?
The laws of the state of the **transferor** (original) court, including conflict of laws rules.
66
What is **forum** **non conveniens?** When is it **proper**?
Gives courts the **discretion** to dismiss a suit when there is a more appropriate forum, even if venue was proper. Proper when: 1. Alternate forum exists; and 2. Balance of public and private factors justify dismissal ## Footnote *More Info:* [Forum Non Conveniens](https://www.law.cornell.edu/wex/forum_non_conveniens)
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