MBE CIVIL PROCEDURE: Jurisdiction and Venue

​federal question jurisdiction: federal question in dispute; and question appears on the

face of a well-pleaded complaint

websites: no ability to transmit info, only viewable (rare for mimimum contacts to exist) If yes, then supplemental jurisdiction exists.

Passive

websites: resident actively engages with website, completes transactions, inputs info, etc. (minimum contacts exist)

Active

websites: resident of a state inputs info into website but doesn't enagage in transactions (further context needed to determine whether minimum contacts exist)

Interactive

3 types of subject-matter jurisdiction

Federal Question Jurisdiction Diversity Jurisdiction Supplemental Jurisdiction

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

removal jurisdiction

An unincorporated association is a citizen of which state 28 U.S.C. § 1332(c). Every State in which

any of its members are citizens

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is: Multiple defendants, one plaintiff

No

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is: Multiple plaintiffs, one defendant

Yes

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is: One plaintiff, one defendant

Yes

Can corporations be domiciled in more than one state

Yes

Can P request that D waive service Yes, P can request waiver by mailing D a along with 2 copies of the form for waiver of process. FRCP 4(d)(1)

copy of the complaint

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 FRCP 4(d)(1)

waiver of process.

Can persons be domiciled in more than one state

No

Can purposeful availment be established even if D has no offices, property, or employees in the forum

Yes.

Complete diversity exists when no party is a citizen of the _ ____ as the other party.

same state

Complete diversity not required for diversity jurisdiction when: 1 There are in P's class; 2 The amount in controversy is greater than 5 million; 3 and Any individual member of the class is diverse from any individual D

more than 100 members

Complete diversity not required for diversity jurisdiction when: 1 There are more than 100 members in P's class; 2 The amount in controversy is greater than 3 and Any individual member of the class is diverse from any individual D

5 million;

Complete diversity not required for diversity jurisdiction when: 1 There are more than 100 members in P's class; 2 The amount in controversy is greater than 5 million; 3 and Any individual member of the class is

diverse from any individual D

consent if the party is an appointed agent in the state where it is filed

Consent to personal jurisdiction by appointment

consent that occurs when a party appears in court without having objected to personal jurisdiction in their initial filing or appearance

Consent to personal jurisdiction by appearance

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.

personal jurisdiction

D may seek to remove by with federal court within 30 days after grounds for removal became apparent (i.e. when D was served with process). 28 USC § 1446(b)

Filing a notice to remove

D may seek to remove by File a notice to remove with federal court within ___ ____ after grounds for removal became apparent (i.e. when D was served with process). 28 USC § 1446(b)

30 days

D may seek to remove by filing a notice to remove with federal court within 30 days after 28 USC § 1446(b)

grounds for removal becomes apparent

Deliberately directing activities at the forum state (i.e. contacts are not "random," "fortuitous," or "attenuated"). World-wide Volkswagen v. Woodson, 444 U.S. 286 -1980

purposeful availment

Directly soliciting business from state residents Entering into contracts with state residents Agreeing to a choice of law clause for the forum state World-wide Volkswagen v. Woodson, 444 U.S. 286 -1980

Examples of purposeful availment

Diversity jurisdiction exists when there is _ between parties; and Amount in controversy is greater than 75000 28 U.S.C. § 1332

complete diversity

Diversity jurisdiction exists when there is complete diversity between parties; and Amount in controversy is greater than $. 28 U.S.C. § 1332 28 § U.S.C. 1367(b) ⚠️ Remember, this exception only applies when P brings a claim that would add the new party

75000

Diversity jurisdiction is based on the _ of the plaintiff and defendant.

Citizenship

Diversity jurisdiction is based on the citizenship of the and .

plaintiff, defendant

Do damages of 75000 satisfy the amount in controversy

No, must be greater

Does a state gain PJ over a D if they are passing through to attend another judicial proceeding

No

Does failure to file proof of service affect the validity of the service

No

Does waiver of service waive D's right to object to PJ or venue

No. FRCP 4(d)(5).

Domicile is where a person and

resides, intends to remain indefinitely

Exists when the claim is related to D's contacts in the forum state. Examples include: Committing a tortious act in a state Signing a contract in a state

specific jurisdiction

Federal court must have , , jurisdiction over all claims

federal question, diversity, or supplemental

Federal question jurisdiction is the jurisdiction for any claims the Constitution, federal law, or United States treaties. 28 U.S.C. § 1331

“arising under”

Federal question jurisdiction is the jurisdiction for any claims “arising under” federal law, or United States treaties. 28 U.S.C. § 1331

the Constitution,

Federal question jurisdiction is the jurisdiction for any claims “arising under” the Constitution, or United States treaties. 28 U.S.C. § 1331

federal law,

Federal question jurisdiction is the jurisdiction for any claims “arising under” the Constitution, federal law, or 28 U.S.C. § 1331

United States treaties.

For diversity jurisdiction purposes, corporations are considered the citizen of the state where the company is _ and/or ____ _____ ______ _____ ______ ______.

incorporated; maintains its principal place of business.

For diversity jurisdiction purposes, persons are considered the citizen of the ____ in which they are ______.

state, domiciled

For venue purposes, where do corporations reside if corporation is the defendant : Any judicial district in which they are subject to 28 USC § 1391 (c)(2)

personal jurisdiction.

For venue purposes, where do corporations reside if corporation is the plaintiff : Judicial district in which it 28 USC § 1391 (c)(2)

maintains its principal place of business.

General jurisdiction is rare. It typically only exists for corporations in their or _

state of incorporation, principal place of business

Gives courts the discretion to dismiss a suit when there is a more appropriate forum, even if venue was proper.

forum non conveniens

How can process be served In the manner either: Prescribed by the state court in the state where the or Prescribed by the state court in the state where D will be served; or Specified in FRCP 4(e)(2)

federal suit has been filed;

How can process be served In the manner either: Prescribed by the state court in the state where the federal suit has been filed; or Prescribed by the state court in the state where or Specified in FRCP 4(e)(2)

D will be served;

How do you determine whether cases involving the internet/websites have minimum contacts @ Look at how much the resident has with the website

interaction

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

No

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)

If an action is based on duties performed on behalf of the U.S. (e.g. federal marshal), how must process be served FRCP 4(i)

Both individual and U.S. must be served.

If D is able to establish that there was no PJ due to improper service, and D has default judgment set aside as void : Does the one year statute of limitations for motion to set aside apply?

No

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

If D waives service, how long do they have to respond to the complaint

21 days

If D waives service, how long do they have to respond to the complaint (90 days for international defendants) FRCP 4(d)(3)

60 days after request was sent

If D waives service, how long do they have to respond to the complaint : 60 days after request was sent ( days for international defendants) FRCP 4(d)(3)

90

If D's reside in multiple states, where venue is proper: Location where a ; or where the disputed property is located 28 USC §1391(b)(2)

substantial part of the events occurred

If D's reside in multiple states, where venue is proper: Location where a substantial part of the events occurred; or where the 28 USC §1391(b)(2)

disputed property is located

If D's reside in the same state, venue is proper in any judicial district in which . 28 USC § 1391(b)(1)

any single D resides

If new claims are filed during a lawsuit, does new process need to be served

No

If P sues multiple D's, how long do the D's have to remove (after they are aware) 28 USC § 1446(b)(2)(B)

30 days

If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists ? Ask: Do the claims arise out of the 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 maintain diversity jurisdiction (i.e. not destroy diversity jurisdiction)

same transaction or occurrence

If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists ? 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 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 maintain diversity jurisdiction (i.e. not destroy diversity jurisdiction)

bring in a new party

If the anchor claim is based on diversity, how do you determine whether supplemental jurisdiction exists ? 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 (i.e. not destroy diversity jurisdiction)

maintain diversity jurisdiction

If the court has federal question jurisdiction, how do you determine whether supplemental jurisdiction exists Ask: Do the claims arise from the (i.e. share a "common nucleus of operative fact" ) If yes, supplemental jurisdiction likely exists. 28 USC § 1367

same transaction or occurrence

If venue is transferred under 28 USC § 1404 (motion/consent of the parties, or convenience), the new court must apply the rules of which court : The laws of the including conflict of laws rules.

state of the transferor court,

If venue is transferred under 28 USC § 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 court, including rules.

conflict of laws

In a suit between a party and a corporation, the party must be diverse from both the and principal place of business to satisfy the requirements for diversity jurisdiction.

corporation's place of incorporation

In a suit between a party and a corporation, the party must be diverse from both the corporation's place of incorporation and to satisfy the requirements for diversity jurisdiction.

principal place of business

In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met When: Claim raises a 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 28 U.S.C. § 1367(c)

novel or complex issue

In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met When: Claim raises a novel or complex issue of state law; 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 28 U.S.C. § 1367(c)

State law claim substantially predominates;

In what circumstances may a court decide not to exercise supplemental jurisdiction, even if the requirements are otherwise met When: Claim raises a novel or complex issue of state law; State law claim substantially predominates; District court has over which it has original jurisdiction; or In exceptional circumstances, if there are other compelling reasons for declining jurisdiction 28 U.S.C. § 1367(c)

dismissed all other claims

Is diversity reevaluated when a complaint is amended

Yes

Is putting a product into the stream of commerce sufficient to establish minimum contacts :

No

Location where suit can occur (called "judicial district" in federal court)

venue

New service of process only needs to be served when

new party is added to the lawsuit.

No PJ over D just because D has property in the state, must still have for PJ to exist

minimum contacts

Only exists when D's contacts with the forum state are so continuous and systematic as to render the D essentially at home.

general jurisdiction

PJ (over person)

In personam

PJ (over property not involved in suit)

Quasi-in rem

PJ (over property)

In rem

Subject-matter jurisdiction: The power of the court to hear cases based on the or of legal issue involved.

subject, type

Supplemental jurisdiction allows courts to hear a claim that does not have SMJ as long as the claim is to one in which SMJ does exist. 28 U.S.C. § 1367 _

substantially related

To satisfy due process for PJ, what two general things must exist such that it does not offend traditional notions of fair play and substantial justice; and Notice

Minimum contacts with the state

To satisfy due process for PJ, what two general things must exist Minimum contacts with the state such that it does not offend traditional notions of fair play and substantial justice; and

Notice

Under the well-pleaded complaint rule/Mottley Rule, can federal question be asserted as a defense

No

Under the well-pleaded complaint rule/Mottley Rule, can P anticipate that D will violate a federal question in the future

No

Under the well-pleaded complaint rule/Mottley Rule, P must state that D has ____ _____ a federal law on the face of the complaint to qualify as federal question jurisdiction.

already violated

Under the well-pleaded complaint rule/Mottley Rule, P must state that D has already violated a federal law on the ____ ____ ____ ____ to qualify as federal question jurisdiction.

face of the complaint

What are 3 ways a party can consent to personal jurisdiction

Appearance, Contract, Appointment

What are the 3 types of PJ : (over person) In rem (over property) Quasi-in rem (over property not involved in suit)

In personam

What are the 3 types of PJ : In personam (over person) (over property) Quasi-in rem (over property not involved in suit)

In rem

What are the 3 types of PJ : In personam (over person) In rem (over property) (over property not involved in suit)

Quasi-in rem

What are the acceptable methods of service specified in FRCP 4 : Deliver the process to D himself wherever he may be; Leave process at D's home (aged 18 or older) who also lives there; Serve D's registered agent; Mail service to D, requesting waiver (if mailed, D gets 3 extra days to respond); or Any other method prescribed by the state where the federal court is located FRCP 4

with someone of suitable discretion

What are the acceptable methods of service specified in FRCP 4 : Deliver the process to D himself wherever he may be; Leave process at D's home with someone of suitable discretion (aged 18 or older) who also lives there; Serve Mail service to D, requesting waiver (if mailed, D gets 3 extra days to respond); or Any other method prescribed by the state where the federal court is located FRCP 4

D's registered agent;

What are the acceptable methods of service specified in FRCP 4 : Deliver the process to D himself wherever he may be; Leave process at D's home with someone of suitable discretion (aged 18 or older) who also lives there; Serve D's registered agent; Mail service to D, (if mailed, D gets 3 extra days to respond); or Any other method prescribed by the state where the federal court is located FRCP 4

requesting waiver

What are the acceptable methods of service specified in FRCP 4 : Deliver the process to D himself wherever he may be; Leave process at D's home with someone of suitable discretion (aged 18 or older) who also lives there; Serve D's registered agent; Mail service to D, requesting waiver (if mailed, D gets 3 extra days to respond); or by the state where the federal court is located FRCP 4

Any other method prescribed