Term
| What three parts determine the "Proper Court" to bring a suit? |
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Definition
| 1) Subject Matter Jurisdiction
2) Personal Jurisdiction
3) Venue |
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Term
| SUBJECT MATTER JURISDICTION (SMJ) |
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Definition
| The authority of the court to adjudicate a particular suit. |
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Term
| SMJ: What is general jurisdiction? |
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Definition
| A court of general jurisdiction may hear any kind of claim between any parties unless there is a legal authority that states otherwise. All states have at least one court of general jurisdiction that is capable of hearing a claim. |
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Term
| SMJ: What is limited jurisdiction? |
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Definition
| A court of limited jurisdiction can hear only those claims that are specifically authorized by the statutes that set up that particular court. All federal courts are courts of limited jurisdiction. |
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Term
| SMJ: What types of action fall under the limited jurisdiction of the federal courts? |
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Definition
| Enumerated: Listed under Article III of the Constitution;
Exclusive: Made so by Congressional statute (e.g. admiralty, bankruptcy, anti-trust, etc.);
Concurrent: Allows the plaintiff to choose whether to bring suit in state or federal court. |
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Term
| How can a federal court acquire SMJ over a defendant? |
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Definition
| There are four ways outlined by statute:
1) 1331 Federal Question;
2) 1332 Diversity & Amount in Question;
3) 1367 Supplemental Jurisdiction;
4) 1441 Removal Jurisdiction. |
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Term
| SMJ: 1331 Federal Question |
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Definition
| District courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the federal government. |
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Term
| SMJ: How is it determined whether a cause of action is a federal question under 1331? |
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Definition
| Based on a "well-pleaded complaint," the cause of action "arises under" federal jurisdiction if:
a) The plaintiff is of the class intended to be protected by federal statute;
b) The Congress intended to provide a private right of action;
c) The action further the legislative scheme; or
d) The action is not traditionally a matter of the state. |
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Term
| SMJ: 1332 Diversity of Citizenship; Amount in Controversy |
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Definition
| District courts have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000 (exclusive of interest and costs) and is between citizens of different states (complete diversity). |
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Term
| SMJ: How is it determined whether a cause of action has an "amount in controversy exceeding $75K" under 1332? |
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Definition
| The benefit to the plaintiff or cost to the defendant must exceed $75K; a single plaintiff may aggregate claims (even unrelated claims) against a single defendant to meet the amount in controversy. |
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Term
| SMJ: Legal Certainty Test |
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Definition
| A defendant must prove to a legal certainty that the plaintiff cannot recover at least $75K to overcome this jurisdictional requirement. |
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Term
| SMJ: How is it determined whether a cause of action has "complete diversity" under 1332? |
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Definition
| No plaintiff is a "citizen" of the same state as any defendant. |
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Term
| SMJ: How is "citizen" defined for the purposes of diversity jurisdiction? |
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Definition
| A person is a "citizen" of the state in which he is "domiciled." For adults, domicile is established by physical presence in a place in connection with a certain state of mind concerning one's intent to remain there. |
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Term
| SMJ: Where are corporations considered "citizens" for diversity jurisdiction? |
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Definition
| Corporations have dual citizenship in its state of incorporation and its principle place of business. |
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Term
| SMJ: Where are unincorporated associations considered "citizens" for diversity jurisdiction? |
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Definition
| Unincorporated Associations are "citizens" in any state where any of its members are domiciled. |
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Term
| SMJ: Where are aliens considered "citizens" for diversity jurisdiction? |
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Definition
| An alien admitted to the United States for permanent residence shall be deemed a citizen of the state in which such alien is domiciled. An illegal alien belongs to an imagined 51st state. |
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Term
| SMJ: 1367(a) Supplemental Jurisdiction |
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Definition
| Any civil action of which a federal court has original jurisdiction, the court shall have supplemental jurisdiction over all other claims related to the action it the form part of the same case and controversy. |
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Term
| SMJ: For supplemental jurisdiction, how is it known if a claim is part of the "same case or controversy?" |
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Definition
| Two prong test:
1) There must be a common nucleus of operative fact; and
2) It must be fair and efficient to combine state and federal claims. |
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Term
| SMJ: 1367(b) Limiting Supplemental Jurisdiction when original jurisdiction is based on "diversity." |
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Definition
| Any action of which original jurisdiction rests solely on diversity, the federal court does not have SMJ over claims made against parties under FRCP 14, 19, 20, or 24 when exercising such claims would be inconsistent with the requirements of diversity jurisdiction. |
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Term
| SMJ: 1367(c) Declining Supplemental Jurisdiction |
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Definition
| The court may decline supplemental jurisdiction if:
1) it raises a novel/complex issue of state law;
2) the court already has original jurisdiction;
3) it has dismissed all claims over which is had original jurisdiction;
4) Any other compelling reason. |
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Term
| SMJ: 1441(a) Removal Jurisdiction |
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Definition
| Any civil action brought in a State court of which the federal court has original jurisdiction may be moved by the defendant to the federal court. |
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Term
| SMJ: 1441(b) Limiting Removal Jurisdiction |
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Definition
| If removal is based on federal question, it can be done so without regard to citizenship of parties.
If removal is based on diversity, it is removable only if none of the defendants is a citizen of the State where the suit was brought. |
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Term
| SMJ: 1441(c) Declining Removal Jurisdiction |
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Definition
| When a federal question action is joined with otherwise non-removable claims, the entire action may be removed to federal court OR;
the court may remand matters where State law predominates.
*Note: Issues unrelated to "case and controversy" should be remanded because of federal court's lack of SMJ. |
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Term
| SMJ: 1446(b) Procedure for Removal |
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Definition
| Defendant must remove from State to federal court within 30 days of receiving notice. When removal is based solely on diversity and is lacking on initial pleading, if facts change to meed to requirements for removal (e.g. amount in controversy changes) then removal must occur with 1 year or it is no longer available. Removal based on federal question does not have this "1-year cutoff." |
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Term
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Definition
| Motion for lack of Subject Matter Jurisdiction. |
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Term
| PERSONAL JURISDICTION (PJ) |
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Definition
| The power to make a binding order over a party, and is obtained by giving notice within the grasp of the forum state's long-arm statute. |
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Term
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Definition
| May limit a state court's power or extend as far as the Constitution allows. Answers the question of whether the state authorizes the power over the defendant. |
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Term
| PJ: Notice [constitutional arm] |
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Definition
| Under the Due Process Clause of the Fourteenth Amendment, proper notice requires a method and manner of service "reasonably calculated under the circumstances." |
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Term
| PJ: Notice [statutory arm] |
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Definition
| FRCP 4(e)(1) Service is proper when following the state law in which is located, or law of state where service is made; or
(2) Personally serving individual, leaving at the individual's dwelling with someone of a suitable age, or with authorized agent. |
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Term
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Definition
| Motion for insufficient process. |
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Term
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Definition
| Motion for insufficient service of process. |
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Term
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Definition
| Establishes federal PJ over any defendant whom the forum state has PJ, and makes three additions:
1) "100-mile bulge" rule;
2) When authorized by federal statute;
3) Where no state has PJ. |
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Term
| PJ: "100-mile bulge" rule |
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Definition
| PJ exists over party if joined under FRCP 14 or 19, and within 100 miles from where the summons was issued. |
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Term
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Definition
| The defendant must have certain minimum contacts with the forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. All assertions of state court jurisdiction must be evaluated according to the standards set forth in International Shoe and its progeny. |
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Term
| PJ: Modernly, when is PJ never doubted? |
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Definition
| When the activities in a forum state are continuous and systematic, and have also given rise to the liabilities being sued on. |
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Term
| PJ: Specific Jurisdiction |
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Definition
| Although corporate operations may not normally occur within a state, because of its nature and quality, an act may impose liability within the state if the suit arises from or out of the act. |
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Term
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Definition
| When corporate operations within a state are so substantial as to constitute a pervasive presence it may justify a suit against it on a cause of action unrelated to those operations. |
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Term
| PJ: The "nature and quality" of "minimum contacts" |
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Definition
| The act within the forum state must invoke the benefits and protections of the state such that the out-of-state defendant should reasonably anticipate/foresee being haled into court there. This foreseeability is created when the act in question is purposefully directed toward or purposefully avails the defendant to the forum state. This ensures that a defendant will not haled to a jurisdiction solely as a result of random, fortuitous or attenuated acts. |
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Term
| PJ: Injecting a product into the "stream of commerce" |
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Definition
| Currently, a plurality opinion exists:
1) Is not an action that is purposefully directed toward a forum state (O'Connor);
2) Is an action that justifies jurisdiction, but to do so may be unfair (Brennan);
3) An examination of minimum contacts is not always necessary, it is simply unfair (Stevens). |
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Term
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Definition
| The court has adopted a sliding scale based on the level of interactivity (from passive to active) and commercial nature of the exchange of information that occurs. |
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Term
| PJ: "fair play and substantial justice" |
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Definition
| 5 factors:
1) The burden on defendant;
2) The forum state's interest in adjudicating the dispute;
3) The plaintiff's interest in obtaining convenient and effective relief;
4) The interstate judicial system's interest in obtaining the most efficient resolution of controversies;
5) The shared interest of the several states in furthering fundament substantive social policies. |
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Term
| PJ: What types of cases have been negated due to "unfairness?" |
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Definition
| Only domestic cases, international cases and general jurisdiction over corporations cases have been negated. |
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Term
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Definition
| Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory. |
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Term
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Definition
| Domicile in the state is alone sufficient to bring an absent defendant within the reach of the state's jurisdiction. |
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Term
| PJ: In personam jurisdiction |
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Definition
| Courts of a state have jurisdiction over nonresidents who are physically present in the state, and it is acquired by properly serving process/notice within the state.
*Note: Satisfies both Scalia's traditional view of "presence" and Brennan's modern view of "availment." |
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Term
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Definition
| A defendant may, either at the outset of a lawsuit (via appearance or waiver) or before it (via a forum selection clause), agree to jurisdiction within a forum state. |
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Term
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Definition
| The defendant appears but fails to raise jurisdiction objection in answer or pre-answer motion. This is a form of consent. |
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Term
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Definition
| Appear in forum state only to contest jurisdiction only. Defendant is protected from having this appearance itself as being used as a basis for jurisdiction. |
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Term
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Definition
| Motion for lack of Personal Jurisdiction. |
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Term
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Definition
| Established the proper place/district for a trial within the court system, and flows solely from statutory (rather than Constitutional) soures. |
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Term
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Definition
| Venue is generally proper in:
1) a judicial district where any defendant resides if all the defendants reside in the same state; OR
2) a judicial district in which a substantial part of the events occurred. |
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Term
| V: What are the Venue fall-backs? |
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Definition
| a) If jurisdiction is founded solely on diversity, where any defendant is subject to PJ at the time the action commenced;
b) If jurisdiction is not founded solely on diversity, where an defendant may be found;
c) Corporations "reside" in any district where they would be subject to PJ at the time the action was commenced;
d) An alien may be sued in any district. |
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Term
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Definition
| Motion for improper venue. |
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Term
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Definition
| The power of district courts to decline to exercise jurisdiction by moving the suit to another district court, or dismiss the suit altogether, for reasons of justice and efficiency. |
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Term
| V: 1404(a) Change of Venue |
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Definition
| For convenience of parties and witness, in the interest of justice, a district action to any other district court may transfer an civil action to any other district or division where it may have been brought. The law of the court where the action was first appeared will apply. |
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Term
| V:1406(a) Cure or Waiver of Defects |
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Definition
| The district courts of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if in the interest of the justice, transfer such case to any district or division in which it could have been brought. The low of the court where the action is tried will apply. |
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Term
| V: 1407 Multi-district Litigation |
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Definition
| When actions involving one or more common question of fact are pending in a different district, they may be transferred to any district for coordinated/consolidated pre-trial proceedings for convenience, as well as, just and efficient conduct of the proceedings. The plaintiff may decide whether to continue trial with assigned judge or take action back to court where it was filed. |
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Term
| V: 1631 Transfer to Cure Want of Jurisdiction |
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Definition
| When an action is filed in a court without jurisdiction, the court shall, if it is in the interest of justice, transfer such action or to any other such court in which the action could have been brought at the time it was filed. |
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Term
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Definition
| When an action has commenced in a court where venue is properly laid, the court may decline jurisdiction as a matter of discretion (if there is another available court).
*Note: This doctrine does not apply between federal courts due to the statutory mechanism of transfer under 1404(a). |
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Term
| V: What determines whether a court may use the forum non conveniens doctrine? |
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Definition
| The court may rely on a balancing test of "private interest factors" affecting the litigants' convenience and "public interest factors" affecting the forum's convenience. |
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Term
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Definition
| Except in matters of federal question, the law to be applied in any case is the law of the State.
Erie Railroad v. Thompkins (1938) |
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Term
| What are the twin aims of the Erie Doctrine? |
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Definition
| 1) To discourage forum shopping; and
2) An avoidance of inequitable administration of laws. |
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Term
| Erie: In general, what law is applied in federal courts when there is a state law cause of action? |
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Definition
| "Easy Erie": Generally, the state law applies with federal procedures. If the state court would have applied the law of another jurisdiction (or state) then the federal court must also do so. |
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Term
| Erie: "outcome determinative" test
Guaranty Trust v. York (1945) |
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Definition
| When choosing between federal and state procedures, the outcome should be substantially the same so far as procedures determine the outcome (e.g. a federal court must apply the forum state's statute of limitations if it determines the outcome of the suit). |
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Term
| Erie: "balancing" test
Byrd v. Blue Ridge Rural (1958) |
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Definition
| Although a choice between federal and state procedures might affect the outcome of a case, it does not immediately mean it is determinative. The federal court must balance state and federal interests. |
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Term
| Erie: "FRCP" test
Hanna v. Plumer (1965) |
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Definition
| When a situation is covered by one of the Federal Rules of Civil Procedure, the court is instructed to apply the Federal Rule. |
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Term
| Erie: In general, what law is applied in state courts when there is a federal question cause of action? |
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Definition
| "Reverse Erie": The state court must apply federal substantive law to federal claims, however states may use their own procedural rules unless those rules impose and undue burden on a federal right (e.g. right to a jury trial). |
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