Bar Prep Flash Cards

subject matter jurisdiction

For a federal court to have subject matter jurisdiction, there must either be federal question jurisdiction, diversity jurisdiction, or supplemental jurisdiction.

Federal Question Jurisdiction

Federal issue must be presented in the plaintiff’s well-plead complaint. A federal defense is not sufficient.

Diversity Jurisdiction

There must be complete diversity between the parties, and the amount in controversy must exceed $75k.

Where are individuals domiciled?

Where they are present with intent to remain indefinitely

Where are corporations domiciled?

Domiciled where incorporated and where the principal place of business is located

Supplemental jurisdiction

Court may exercise supplemental jx over additional claims so long as the claims arise out of a common nucleus of operative fact as the original claim

Supplemental Jx stemming from Federal Question Jx

Plaintiff can bring state law claims that are related to the federal claim. An additional plaintiff can bring a state law claim against defendant if related to original plaintiff’s federal claim. Defendant can bring a cross-claim against another defendant, so long as the claim is related to the original plaintiff’s federal claim.

Supplemental Jx stemming from Diversity Jx

Plaintiff can bring any state law claim related to the basis of the original claim. An additional plaintiff can bring a related state law claim against the defendant so long as it does not destroy diversity. A defendant can bring a cross-claim against another defendant so long as it is related to the original claim.

When do courts have discretion to reject supplemental jx?

If the claims are complex or predominate the suit, if the federal claims are dismissed, or if there are any other compelling reasons to decline jx.

Removal

Plaintiff files in state court and defendant seeks to remove to federal court. Defendant may remove so long as the federal court can exercise SMJ over the case. R

Restrictions on Removal

No defendants can be citizens of the state in which the claim was originally filed. Motion for removal must be filed within 30 days of receiving the complaint. All defendants must join in or consent to removal.

Three main bases for Personal Jurisdiction

service while voluntary present, domicile, consent

Long-Arm Statutes - Due Process

Must have minimum contacts. It must be reasonably foreseeable that the D will be sued in that state (purposeful availment), and D’s conduct in the state must be related to the action. S

Specific Jurisdiction

Action arises out of defendant’s conduct

General jurisdiction

Defendant is essentially “at home” in the jurisdiction. A corporation is “at home” where incorporated and where its principal place of business is located.

Long Arm Statutes - fair play and substantial justice

Court must consider, in determining fairness: interest of the forum state in adjudicating the matter, burden on D of appearing in the case, interest of judicial system in efficient resolution, shared interests of the sates in promoting common social parties

Appropriate venue

Venue is proper in any district in which any defendant resides if all defendants reside in the state where the district is located, where a substantial part of the events or omissions occurred, or where the property at issue is located. If none of the above, venue is proper in a district where any D is subject to PJ

Transfer of Venue Analysis

Is there PJ? Is there SMJ? is venue appropriate in new district? Is transfer to new venue in interest of justice?

Erie Doctrine - Federal Q Jx

Federal substantive law and procedural law will control

Eerie Doctrine - Diversity & Supplemental

Court applies state substantive law and federal procedural law.

Substantive law

A state law that alters calc of damages, a state law regarding SoL, state laws creating evidentiary privileges.

Temporary Restraining Order (TRO)

Party seeks to maintain the status quo prior to a hearing for a preliminary injunction. Must show (1) immediate and irreparable injury would occur absent TRO, and (2) effort was made to give notice to opposing side. May be granted w/o presence of opposing party.

Preliminary Injunction

Requires notice to the opposing party and a hearing. P must show: likely to succeed on the merits, likely to suffer irreparable harm in absence of injunction, balancing the equities favors granting, and injunction is in best interests of the public

Service of Process on Corporations

Service may be made on an officer, managing agent, general agent, or agent appointed or authorized by law.

Rule 12(b) MTDs

Lack of SMJ, lack of PJ, improper venue, etc.

When must lack of SMJ be raised?

Can be raised at any time, even on appeal

When must lack of PJ be raised?

at first opportunity, so answer or pre-answer motion

When must improper venue be raised?

at first opportunity

When must insufficient process be raised?

At first opportunity