Personal Jurisdiction
What is tag jurisdiction?
When a natural person defendant is physically served in the forum state.
What is the well pleaded complaint rule?
What is required for proper service on a defendant?
18+ and a non party to the suit delivering it to the defendant's dwelling with someone of suitable age and discretion
What is transactional venue?
The venue where significant events giving rise to the claim occurred
What rule allows joinder of defendants when claims arise out of the same transaction or occurrence and share common questions?
Rule 20
What are minimum contacts?
Under International Shoe, this is the requirement for specific personal jurisdiction.
What kind of diversity is required for diversity jurisdiction?
Complete - No plaintiff may share citizenship with any defendant.
What is the proper process of service for organizations?
Delivering process to an officer or managing general agents of defendants, or by mailing process to defendant’s statutorily provided agent designated by law to receive process.
What statute governs transfer from a proper venue to a more convenient venue?
1404 Transfer
What is the rule that says counterclaims are compulsory if they arise out of the same transaction or occurrence?
Rule 13a
This prong is satisfied under specific jurisdiction when the defendant intentionally connect with the forum. Can be through JMac, Clader, or BK.
Where are corporations considered to be citizens?
States of incorporation AND principal place of buisness
If the defendant waives service of process, how many days do they have to file answer or motion to dismiss?
60 days (90 if foreign defendant)
Where can a non resident be sued?
In any judicial district
What is the rule that allows for a defending party to bring in a third party for indemnity or contribution
Rule 14 impleader
What is the Calder Effects test?
What is the Grable test?
For embedded federal issues: Federal question jurisdiction is allowed if the following elements are met: 1) the federal issue must be necessarily raised by the claim, 2) the federal issue is actually disputed, 3) the federal issue must be substantial to the federal system, and 4) the federal courts cannot disturb the congressionally approved balance of federal and state judicial responsibilities. (Grable)
When served with process, how many days does a defendant have to answer?
21 days
What is forum non conveniens?
Allows dismissal when another country or state is far more appropriate. Must be different court system
What is the rule that says a party must be joined if they are required and it is feasible to do so?
Rule 19
What does Shaffer v. Heitner say?
What claims do not qualify for supplemental jurisdiction when the basis is solely diversity?
Claims by plaintiffs against parties joined by Rule 14,19,20, or 24
AND
Claims by persons joined under Rules 19 or 24
What do the courts consider when determining if the defendant had sufficient opportunity to be heard?
Courts will balance the private interests affected by the government’s action, the risk of erroneous deprivation of the defendant's life/liberty/property and probable value of additional process, and the government interest in having to provide additional process.
What does the Goldlawr Rule say?
What are the four factors that determines if a party is required?
the court cannot provide complete relief without them, disposing of the case without them would impair their ability to protect their interest or disposing would leave the existing party at risk of double or inconsistent liability.