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CivPro End of Chapter Summary Points
Terms in this set (41)
Article III, Section 2 authorizes federal courts to hear what kinds of cases?
Cases between citizens of different states, diversity jurisdiction
When is the Constitutional grant in Article III, Section 2 satisfied?
When there is minimal diversity between the parties, at least one plaintiff is a citizen of a different state than one defendant
Who must confer diversity jurisdiction to federal district courts?
Congress, it may authorize them to hear all cases within the constitutional grant of diversity, or some, or none
The diversity statute imposes what in addition to the diversity requirement?
The amount in controversy requirement, complete diversity stipulation later
(1) Must be a citizen of the state where she is domiciled
(2) Must be a citizen of the US
(3) Intent to remain indefinitely
(1) A citizen of the state in which it's incorporated
(2) A citizen of the state of its principal place of business
**IS A CITIZEN OF BOTH FOR DIVERSITY PURPOSES
How do you determine if the amount in controversy requirement is met?
(2) Made in Good Faith
(3) Appears to a legal certainty that the injuries could not support recovery
Can a federal court hear a case that involves a non-frivolous issue of federal law?
Of course, raised in the original complaint
Can Congress determine which Federal district courts can hear which cases?
Yes, they can determine whether federal trial courts have less than the full jurisdiction authorized by the Constitution
Has authorized the federal district courts to hear some cases that arise under federal law, but not others
What is the Mottley well-pleaded complaint rule?
The court looks only to the plaintiff's claim in determining whether a case arises under federal law
What is the Holmes test?
If federal law creates the cause of action that the plaintiff seeks to enforce, the federal court has jurisdiction
If the plaintiff seeks recovery on a state law cause of action, it usually does not.
Can a plaintiff sometimes seek recovery on a state law claim that arises under a federal law?
Yes, sometimes a plaintiff will have to establish an important proposition of federal law in order to prove a state law claim
Depending on the importance of the federal issue, whether federal jurisdiction would disrupt the allocation of business between state and federal courts among other factors, a court may find that the federal district court has jurisdiction over the case
What kind of cases can SCOTUS review?
Any case that has an element of federal law question (like even a little teeny tiny element, still possible)
This is still true even if the federal issue is raised as a defense or in some other posture
Can State and Federal courts hear the same cases?
If there is concurrent jurisdiction, yes
The plaintiff will choose the initial forum in such cases by filing in the court she prefers
What happens if the plaintiff files a case in state court that could have been filed in federal court?
The federal removal statute allows the defendants to remove the case to federal court
What is the 'forum defendant' exception to the removal rule?
If the defendant is from the forum state, then they cannot remove the case
This happens if ANY defendant is from the forum state if there are multiple defendants
What is the time limit for removal?
What happens if a case is not initially removable, but later BECOMES removable?
The defendants can still remove within 30 days of receiving the pleading or order from which they can first determine that the case has become removable
Is removal automatic?
Even if the defendant removes a non-removable case?
It will be pending in federal court once the notice of removal is filed and the state court is notified
If a party believes that the case was improperly removed, what should they do?
They should move in federal court to remand the case
When can motions to remand for lack of SMJx be made?
They can be made at any time prior to the final judgment of the case
Motions based on other motions, like late notice of removal or failure of a codefendant to agree to the removal, must be raised 30 days after removal
If they are not asserted within the 30 day period, the right is waived
What did Pennoyer v. Neff say about personal jurisdiction?
Courts typically only had in personam jurisdiction over a person if she was personally served with the complaint and summons within the forum state
How did International Shoe change Pennoyer?
Shifted the focus from the strict requirement of in-state presence to allow jurisdiction based on a defendant's contacts with the state
How do you establish in personam jurisdiction after International shoe? (the claim part)
If the claim arises out of the defendant's contact = specific jurisdiction
If it does not, then the defendant must be at home in the state = general jurisdiction
How do you establish in personam jurisdiction after International shoe? (the domicile part)
A person is subject to in personam jurisdiction if they're domiciled there
A defendant who may not originally have been subjected to in personam jurisdiction can waive her objection or consent to jurisdiction
When can a court not exercise jurisdiction?
If that jurisdiction is not part of a long arm statute or some other jurisdiction granting statute or rule that authorizes it
When is a defendant subject to specific jurisdiction?
(1) The defendant had
contacts with the forum
(2) The claim arises out of those contacts
(3) The exercise of personal jurisdiction would be fair and reasonable
Can you have personal jurisdiction without all 3 of the regular elements?
NO YOU CANNOT
Even if the personal jurisdiction would be fair and reasonable in a particular forum, specific jurisdiction does not exist unless the claim arises out of the defendant's contact in the forum
Are contacts with the forum sufficient to to confer specific jurisdiction?
NO THEY ARE NOT
Unless the claim arose out of those contacts and jurisdiction is reasonable in that circumstance, they are not enough by themselves
When is a contact established through purposeful availment
A contact exists when defendants have purposefully availed themselves of the privileges and benefits of conducting activities in a particular forum
Is a plaintiff's contact with the forum sufficient to confer personal jurisdiction over the defendant?
NO IT IS NOT
You need to look at the DEFENDANT's contacts with the forum
What tests can be used to establish the defendant's contacts with the forum state?
The Evidence test and the But for test
What are the fair/reasonableness factors?
(1) The burden on the defendant (MOST IMPORTANT FACTOR)
(2) the interests of the forum state
(3) The plaintiff's interest in obtaining 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 fundamental substantive social policies
What happens if the claim arises out of a defendant's contacts?
A court will very likely conclude that personal jurisdiction is established, even if some of the reasonableness factors are not satisfied
What are the relevant alternatives to specific jurisdiction?
General jurisdiction, consent, waiver
What does general jurisdiction mean?
Allows a plaintiff to sue the defendant 'generally' for any claims that the plaintiff might have, no matter where they arose, but only if the defendant is AT HOME in the forum state
Where is an individual subject to general jurisdiction?
In the state where she is domiciled
Where is a company subject to general jurisdiction?
In states where it has its principal place of business or place of incorporation
It may also be "at home" in other jurisdictions under limited circumstances
Is an individual subject to personal jurisdiction if they were served physically in that forum?
This is only true though if she is in the forum VOLUNTARILY (not under fraud/duress)
Can a party waive personal jurisdiction or consent to it?
They can do this by failing to raise the issue in a timely manner, deciding not to raise the issue, or accepting a contract with a forum selection clause
Sets with similar terms
Subject Matter Jurisdiction
Civil Pro MBE Questions
Personal, Subject Matter Jurisdiction and Venue
Business Law Test 1-Jurisdiction