1
Q
What are the 3 considerations when deciding where to bring suit?
A
- Subject matter jurisdiction
- Personal jurisdiction
- Venue
2
Q
Define:
subject matter jurisdiction (SMJ)
A
Power for the court to hear a particular dispute based upon the dispute’s subject matter
3
Q
What are the types of subject-matter jurisdiction?
A
- Federal Question Jurisdiction
- Diversity Jurisdiction
- Supplemental Jurisdiction
4
Q
Define:
federal question jurisdiction
A
Gives federal courts jurisdiction over all claims “arising under” the Constitution, federal law, or treaties.
5
Q
Elements of federal question jurisdiction
A
- There is a federal question in dispute; and
- Question appears on the face of a well-pleaded complaint
More info: Federal Question Jurisdiction
6
Q
What is the well-pleaded complaint rule?
A
Holds that P must state that D has already violated a federal law on the face of the complaint to qualify as federal question jurisdiction.
⚠️ 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.
7
Q
What is diversity jurisdiction and when does it exist?
A
Jurisdiction based on the parties’ citizenship.
Exists when:
- There is complete diversity between parties (no party is a citizen of the same state as the other party); and
- Amount in controversy is greater than $75,000
8
Q
How is citizenship for diversity jurisdiction determined for:
- Persons?
- Corporations?
A
- Persons: citizen of the state in which they are domiciled (i.e. where they currently reside and intends to remain indefinitely). Only one domicile allowed.
- Corporations: citizen of the state where the company is incorporated and/or maintains its principal place of business. Can be domiciled in 2 states.
9
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.
10
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.
11
Q
An unincorporated association is a citizen of which state?
A
Every state where its members are citizens
12
Q
When is complete diversity not required for diversity jurisdiction?
A
In class actions when:
- There are more than 100 members in P’s class;
- The amount in controversy is greater than $5 million; and
- Any individual member of the class is diverse from any individual D
13
Q
Do damages of $75,000 satisfy the amount in controversy?
A
No, must be greater than $75,000.
14
Q
Can P aggregate claims to satisfy the amount in controversy?
A
Yes.
15
Q
Is diversity reevaluated when a complaint is amended?
A
Yes, reevaluated at the time of the amendment.
16
Q
How is diversity jurisdiction satisfied if the suit involves the death of 75 or more people?
A
Diversity is satisfied as long as one P is diverse from one D.
17
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.
18
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.
19
Q
If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists?
A
Ask:
- Do the claims arise out of the same transaction or occurrence?
If yes, proceed to question two: - 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: - Will the new party’s presence in the lawsuit defeat diversity jurisdiction?
If yes, there is no supplemental jurisdiction.
⚠️ 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.
20
Q
In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met?
A
When:
- Claim raises a novel or complex issue of state law;
- State law claim substantially predominates;
- District court has dismissed all other claims over which it has original jurisdiction; or
- In exceptional circumstances, if there are other compelling reasons for declining jurisdiction
21
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.
22
Q
When can a case be removed? (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
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.
24
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.
25
When is removal based on **diversity jurisidiction** allowed?
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)
## Footnote
[28 USC § 1441](https://www.law.cornell.edu/uscode/text/28/1441)
26
What are the **special requirements** for removal based on **federal question**?
The **well-pleaded complaint rule** must be satisfied (i.e. the federal question must be presented on the face of the original complaint).
27
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)
28
How does a D seek to remove and within what time frame?
**File a notice to remove** with state and federal court, **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)
29
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)
30
What can P do if the removal was **improper**?
Request **remand** to state court.
31
# 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)
32
Does personal jurisdiction focus on the defendant or the plaintiff?
The defendant (because they are being haled into court against their will).
33
What are the 3 **types** of PJ?
1. **In personam** (over person)
2. I**n rem** (over property)
3. **Quasi-in rem** (over property not involved in suit)
34
What is the **key inquiry** when determining whether PJ exists?
Has there been **due process**? In other words, is it **fundamentally fair** for the court to exercise jurisdiction over D?
35
Can D **waive** his or her right to object to PJ?
Yes. Can be waived by either:
1. Proceeding/responding to the lawsuit (ex. filing a counterclaim); or
2. Filing a [FRCP 12(b)(2)](https://www.law.cornell.edu/rules/frcp/rule_12) motion
36
To satisfy the **Due Process Clause** of the 14th Amendment for PJ, what **two things** must exist?
1. D must have **minimum contacts** with the forum state; and
2. D must have been given **notice** of the suit
37
# Define
general jurisdiction
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.
38
# Define
specific jurisdiction
Exists when the claim arises from D's **contacts in the forum state.**
## Footnote
**⭐️** Note: Instances of specific jurisdication are when the minimum contacts analysis becomes extremely important. In cases of general jurisdiction, the minimum contacts analysis is less important because the D is "essentially at home" in the forum state, and thus exercise over PJ is fair.
39
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)?; and
2. Would exercise of PJ violate **notions of fair play and substantial justice**?
## Footnote
⚠️ Note: If D has purposeful contacts, there must be a **very strong showing of unfairness** to defeat PJ.
[International Shoe v. State of Washington, 326 U.S. 310 (1945)](https://www.law.cornell.edu/supremecourt/text/326/310)
40
What constitutes **purposeful availment**?
**Deliberately directing** activities at the forum state (i.e. contacts are not "random," "fortuitous," or "attenuated"). Examples 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)
41
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.
## Footnote
[International Shoe Co. v. Washington, 326 U.S. 310 (1945).](https://www.law.cornell.edu/supremecourt/text/326/310)
42
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)
43
Is putting a product into the **stream of commerce** sufficient to establish minimum contacts? What major case established the rule?
**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).
## Footnote
[J. McIntyre Machinery, Ltd. v. Nicastro, 2011 U.S. LEXIS 4800.](https://www.law.cornell.edu/supct/cert/09-1343)
44
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 mimimum contacts to exist)
2. **Interactive**: resident of a state inputs info into website but **doesn't enagage 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)
45
What major cases dealt with personal jurisdiction in **contracts**?
* McGee v. International Life Insurance
* Hanson v. Denckla
* Burger King v. Rudzewicz
46
What was the major holding in **Burger King Corp. v. Rudzewicz**?
If a contract is **negotiated and/or to be performed** in the forum state, purposeful availment exists.
47
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.
48
Are minimum contacts necessary if D **consents** to PJ?
Generally no.
49
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 is an appointed agent in the state where it is filed
50
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)
51
Does a state have PJ over D if they are **passing through** to attend another judicial proceeding?
No, not if D is just **passing through.** However, if D is present in the forum state and not just passing through, PJ can be exercised.
52
If D is able to establish that there was **no PJ**, is D entitled to have the judgment set aside as **void**?
Yes.
## Footnote
⚠️ Note: The one year statute of limitations for motion to set aside a judgment will not apply- can file motion at anytime.
53
What is a forum selection clause?
Contractual agreement that designates a **specific forum** for future legal disputes. Establishes PJ and venue.
## Footnote
*See more:* [Forum Selection Clause](https://www.law.cornell.edu/wex/forum_selection_clause)
54
Are forum selection clauses **enforceable**?
Governed by **state law**, not federal. Up to the state court's discretion. Will usually be upheld if they were fairly negotiated and agreed on.
55
What was the court's holding in **Carnival Cruise Lines Inc. v. Shute**?
A forum selection clause in a form contract is generally **enforceable**, as long as it is **fundamentally fair.**
## Footnote
A forum selection clause that contains an inconvenient venue (e.g. one that has no connection to the parties) is likely not fundamentally fair.
[Carnival Cruise Lines Inc. v. Shute, 499 U.S. 585 (1991)](https://supreme.justia.com/cases/federal/us/499/585/)
56
What is **notice**?
Reasonably calculated steps to inform D of the action against him. Requires that D be served with a summons and copy of the complaint and given an opportunity to respond.
## Footnote
Example [Summons in a Civil Action](https://www.uscourts.gov/forms/notice-lawsuit-summons-subpoena/summons-civil-action)
[Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950).](https://www.law.cornell.edu/supremecourt/text/339/306)
57
What is **service of process**?
Method by which D is given notice of an impending lawsuit.
## Footnote
*See more:* [Service of Process](https://www.law.cornell.edu/wex/service_of_process)
58
What **documents** does D need to be served with to satisfy service of process?
1. A copy of the **complaint**; and
2. A **summons**
## Footnote
⚠️ Note: If both the complaint & summons have not been served, process has not been completed.
59
What does the **summons** need to contain?
A summons must:
1. Name the court and the parties;
2. Be directed to D;
3. state the name and address of the plaintiff's attorney or—if unrepresented—of the plaintiff;
4. State the time within which D must appear and defend;
5. Notify D that a failure to appear and defend will result in a default judgment against D for the relief demanded in the complaint;
6. Be signed by the clerk; and
7. Bear the court's seal
## Footnote
[FRCP 4(a)](https://www.law.cornell.edu/rules/frcp/rule_4)
60
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)
61
**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)
62
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;
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)
63
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)
64
What is the **deadline** for service of process?
Within **90 days** of filing the complaint. [FRCP 4(m).](https://www.law.cornell.edu/rules/frcp/rule_4)
65
What happens if P **fails to timely serve** process?
The court, either on motion or on its own after notice to P, must either **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)
66
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)
67
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** is been added to the lawsuit.
68
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)
69
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.
70
What happens if D **fails to return** P's request for waiver of process?
If D fails to return the waiver **without good cause** for doing so, the court must impose on D:
1. The expenses later incurred in making service; and
2. The reasonable expenses, including attorney's fees, of any motion required to collect those service expenses
## Footnote
[FRCP 4(d)(2)](https://www.law.cornell.edu/rules/frcp/rule_4)
71
Does waiver of service waive D's **right to object to PJ or venue?**
No. [FRCP 4(d)(5).](https://www.law.cornell.edu/rules/frcp/rule_4)
72
If an action is based on duties performed **on behalf of the U.S.** (e.g. police officer), how must process be served?
Both the individual **and** the U.S. needs to be served. [FRCP 4(i)](https://www.law.cornell.edu/rules/frcp/rule_4)
73
# Define
venue
**Location** where suit can occur (called the "judicial district" in federal court).
74
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)
⚠️ Note: Venue is not required by the Constitution. A judgment in from a court that lacks proper venue is not invalid.
75
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)
76
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)
77
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 plantiff:** 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)
78
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. [28 USC § 1404.](https://www.law.cornell.edu/uscode/text/28/1404)
2. Original venue improper: any district where venue would be proper.
## Footnote
[28 USC §1406(a).](https://www.law.cornell.edu/uscode/text/28/1406)
79
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.
80
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)
81
What is the Full Faith and Credit Clause?
Requires one state to recognize and enforce judgments of another state. For example, D’s property or wages in Indiana may be seized to satisfy a judgment in Ohio.
## Footnote
Art IV § 1.
