A: Jurisdiction and Venue

SUBJECT MATTER JURISDICTION

the power of a court to hear a certain type of case

FEDERAL QUESTION JURISDICTION

1. When does it exist?

2. Well-Pleaded Complaint Rule

1. when P’s claim…
   (i) arises under federal law, OR
   (ii) arises under state law but depends on a substantial federal question

2. Federal question jxn must appear on the face of P’s well-pleaded complaint.

DIVERSITY JURISDICTION

(i) complete diversity of citizenship
(ii) amount in controversy exceeds $75,000

CITIZENSHIP

1. General Rule

2. Natural Person

3. Corporation

4. Unincorporated Association

5. Executor / Personal Representative

1. Citizenship is determined by domicile.

2. A natural person is domiciled (i) where they reside (ii) with intent to remain indefinitely.

3. A corporation is domiciled in both (i) state of incorporation AND (ii) principal place of business (i.e. “nerve center”).

4. An unincorporated association is domiciled in every state in which any member/partner/owner is a citizen.

5. An executor or personal representative is domiciled in the state in which the decedent (or person being represented) is/was a citizen.

AGGREGATION OF JURISDICTIONAL AMOUNT

Aggregation of claims to meet the amount-in-controversy requirement is permitted in cases in which…
(i) a single plaintiff seeks to aggregate claims against a single defendant, OR
(ii) 2+ plaintiffs unite to enforce a single title to right in which they have a common and undivided interest

RULE AGAINST COLLUSIVE ASSIGNMENT

IF a party is joined by collusive assignment, THEN a federal court cannot have diversity jxn.

STATUTORY INTERPLEADER (requirements for SMJ)

(i) minimal diversity
(ii) amount in controversy exceeds $500

SUPPLEMENTAL JURISDICTION

1. Trigger

2. Rule

1. multiple claims, but only some have independent jurisdictional basis

2. IF multiple claims arise from a common nucleus of operative fact, THEN a court has discretion to assert supplemental jxn (i.e. can have SMJ over) the claims that don’t have independent jurisdictional bases.

PENDENT PARTY JURISDICTION

IF the anchor claim is based in federal question jxn, THEN the court can exercise supplemental jxn over any claim.
IF the anchor claim is based in diversity jxn, THEN the court cannot exercise supplemental jxn over claims against persons made party by joinder, impleader, or intervention.

REMOVAL

1. General Rule

2. Timing

3. Other procedural requirements

1. IF a case filed in state court could have been originally filed in federal court, THEN D can remove the case to federal court if…
   (i) federal court would have SMJ
   (ii) all Ds agree to removal
   UNLESS…
   (i) federal SMJ would be grounded in diversity jxn
   (ii) D is a citizen of the state where P filed suit

2. within 30 days of when grounds for removal become apparent

3. D must…

   (i) file notice of removal w/ the federal court
   (ii) give written notice of the filing to all adverse parties
   (iii) file a copy of the notice of removal w/ the state court

PERSONAL JURISDICTION

the power of a court to hear a case over a particular person

Traditional Bases for PJ

• domicile

• presence in the state when served

• consent (express OR implied)

• waiver

Long-Arm Jurisdiction

To assert PJ over a non-resident…
(i) state has a long-arm statute
(ii) constitutional due process requirements are met
a) minimum contacts (general OR specific)
b) do not offend traditional notions of fair play and substantial justice

GENERAL JURISDICTION

the jxn needed to hear a suit that does not arise out if D’s activities in the forum state; exists when contacts with the forum state are so continuous and systematic that D is essentially at home

SPECIFIC JURISDICTION

the jxn needed to hear a suit that arises out of D’s activities in the forum state; exists when…
(i) connection b/w forum state and underlying controversy
(ii) lawsuit relates to D’s contact w/ the state

SERVICE OF PROCESS

1. Who?

2. What?

3. When?

4. How?

1. any person (i) 18+ y/o (ii) not a party

2. (i) summons, (ii) complaint (copy of)

3. within 90 days after the complaint is filed

4. (i) state law methods, (ii) agent, (iii) individual, (iv) dwelling

Where is VENUE proper?

1. General Rule

2. Fallback Provision

1. In a district where…

   (i) any D resides (if all Ds reside in the same state), OR

   (ii) a substantial part of the events/omissions giving rise to the claim occurred, OR
   (iii) a substantial part of the property that is subject to the action is situated

2. IF venue cannot be established by the above provisions, THEN venue is proper where any D is subject to the court’s PJ w/r/t such action.

TRANSFER OF VENUE

1. Grounds for Transfer

2. Applicable Law

1. convenience, agreement, interest of justice

2. law of the transferor forum

FORUM NON CONVENIENS

A trial court can (in its discretion) transfer a case to an alternative forum if…
(i) that forum would be adequate to hear the case
(ii) that forum is not another federal district court