SMJ
What is the amount in controversy?
Over $75,000
what is personal jurisdiction
minimum contacts and the exercise of jurisdiction does not offend the traditional notions of FairPlay and substantial justice.
When is venue generally proper?
1. When defendants are domiciled there.
2. Where a substantial part of the events occurred that gave rise to the claim.
3. Where any defendant is subject to personal jurisdiction.
complaint + notice =
what is process
what is JML
judgement as matter of law
What are the two ways to have SMJ?
What is general jurisdiction
when the defendants has continuous, substantial, ties, or connections with the forum state
Why do courts transfer when venue is proper?
For the convenience of the parties, witnesses, and in the interest of justice.
The [blank] requires that parties to be notified of the pendency of the action
what is due process clause
when claims that are not factual based are brought before the court what rule can the judge impose that has sanctions for the litigator
Rule 11 sanctions fo
Plaintiff A sues Defendant in federal court for breach of contract, seeking $40,000 in damages. Plaintiff also sues for defamation arising out of the same set of facts, seeking $50,000. Can Plaintiff aggregate these claims to satisfy the amount-in-controversy requirement?
Yes. A single plaintiff can aggregate all claims against a single defendant, even if the claims are unrelated, to meet the $75,000 amount-in-controversy threshold. Here, $40,000 + $50,000 = $90,000, so the requirement is satisfied.
what is specific jurisdiction
where the defendant has minimum contacts with the forum state that the claim arises out of the defendants conducts with the forum
Explain forum defendant rule
A case cannot be removed when the case was brought to the district where any of the defendant lives.
service must occur within [blank] days of filing the complaint
what is 90 days
This question speaks to the rule that an attorney can file if the amount of evidence is highly in their favor so there is no reason to continue with the case
what is rule 56 which is summary judgement
Plaintiff, a citizen of Georgia, sues Defendant Corp., incorporated in Delaware with its principal place of business in Texas, in federal court. The complaint alleges $60,000 in contract damages. Does the federal court have subject matter jurisdiction?
No. Although there is complete diversity of citizenship (Georgia vs. Delaware/Texas), the amount in controversy does not exceed $75,000. Therefore, diversity jurisdiction fails, and the federal court does not have subject matter jurisdiction.
what are the traditional bases HINT there are 5
residency, consent, service, minimum contacts, substantial business.
When does a court decline jurisdiction?(Forum non convenient)
When it is seriously inconvenient forum and an adequate alternative forum exists in a foreign country or different jurisdiction.
True or false: I can give notice to an intern of a business when I am serving the company.
false
This rule talks about the defendant substantially interfering with the plaintiffs property to the point that it leads to the deprivation of the property's value
what is conversion
On January 15, Plaintiff, a citizen of State A, sues Doctor (citizen of State B) and Surgeon (citizen of State A) in State A state court for medical malpractice. All alleged acts occurred in State A. Fifteen months later, discovery reveals that Surgeon was only peripherally involved and not negligent, so Plaintiff dismisses all claims against Surgeon. Two weeks later, Doctor files a notice of removal to federal district court in State A, arguing diversity jurisdiction now exists.
Can the case be successfully removed?
No. While complete diversity now exists (Plaintiff–State A vs. Doctor–State B), the one-year removal bar under 28 U.S.C. § 1446(c)(1) applies in diversity cases. Because more than one year passed since the action was commenced in state court, removal is untimely, unless Plaintiff acted in bad faith to prevent removal (not indicated here). Therefore, federal court lacks subject matter jurisdiction via removal.
what is the phrase of art for PJ
minimum contacts with the forum such that the maintenance of the suit does not offend traditional notions of FairPlay and substantial justice.
Explain fraudulent joinder rule.
If a defendant was served with the fraudulent purpose of defeating diversity jurisdiction removal will still be granted.
the answer must be filed within [blank] days of service of the complaint
what is 21 days
This rule speaks to what the defendants response to a plaintiffs summons that doesn't state what the issue that they are bringing to the court
what is rule 12 b 6