Subject Matter Jurisdiction
To create a domicile, a person must meet these two requirements.
What is (1) residence plus (2) intent to remain indefinitely?
A corporation is automatically subject to suit in these two places.
What is its state of incorporation and principal place of business?
These two options are the only means for determining the judicial districts that may be a proper venue for a claim.
What is the (1) district where a defendant resides if all the defendants reside in the same State; and (2) district where "a substantial part of the events or omissions giving rise to the claim occurred"?
This is the name of the initial pleading.
What is the complaint?
This is the amount of time counsel has to implead other parties without the court's permission.
What is 14 days?
This Provision in U.S.C. Title 28 allows for a State law claim to be added to a claim in federal court the properly invokes Federal Subject Matter Jurisdiction.
What is § 1367 Supplemental Jurisdiction?
A defendant must do this to contest a court's personal jurisdiction.
What is make a special appearance?
A federal court may affect a case that has proper subject matter jurisdiction over the claim and proper personal jurisdiction over the defendant in only these two ways.
What is transfer or dismiss?
After the initial pleading, defendants must file this type of motion.
What is an answer or response?
Rule 20 states that these are two requisites for joining parties.
What is (1) a right to relief must be assert, by or against the plaintiff or defendant relating to the transactions of occurrence; and (2) a question of law or fact common to all parties?
Louisville & N.R. Co. v. Mottley established this standard, requiring that the federal issue be part of the complaint and arise under the law which creates the cause of action in order for there to be a federal question.
What is the "well-pleaded complaint" standard?
When the claim is related to an incident within the state and the defendant's contacts are isolated and infrequent, this type of jurisdiction may be exercised.
What is specific jurisdiction?
This provision of U.S.C. Title 28 deals with transferring claims that are properly brought in federal court and in a proper venue.
What is U.S.C. § 1404(a)?
This is required of a counterclaim in order to grant relief.
What is contain sufficient facts?
Under joinder of claims, a party may join two claims when this circumstance is present.
What is when one is contingent on the disposition of the other claim?
A Federal claim that properly invokes federal subject matter jurisdiction may not add an additional State law claim made by the plaintiff under Supplemental jurisdiction when the original Federal claim invokes this type of federal subject matter jurisdiction.
What is diversity jurisdiction?
The test from World-Wide Volkswagen Corp. v. Woodson evaluates these things in addition to a defendant's contacts within the state.
What are the 5 reasonableness factors?
This kind of judicial affect is most commonly associated with the doctrine of forum non conveniens.
What is dismissal?
This Rule governs the topic of notice.
What is Rule 4(k)(1)(a)?
This Rule is applicable when, in a party’s absence, complete relief cannot be accorded.
What is Rule 19(a)?
In United Mine Workers v. Gibbs, the court stated that this consideration is especially important when determining whether a court should separate a state law claim from a federal claim upon the basis of Supplemental Jurisdiction, and this consideration is notably not mentioned in U.S.C. § 1367(c).
What is the "likelihood of jury confusion in treating divergent legal theories of relief"?
Established in Burger King Corp. v. Rudzewicz, this test requires that, in addition to the defendant's contacts, courts should consider other factors such as where negotiations and meetings took place to determine if personal jurisdiction is "fair and substantially just."
What is the contacts plus test?
As demonstrated in the Reyno case, a federal judicial district may be proper, despite being in a state with no personal jurisdiction over the defendant, when the assertion of venue is based upon this kind of defendant action.
What is a defendant action that effects a plaintiff in the judicial district where venue is placed, despite the fact that the defendant does not have any other minimum contacts with the State?
This case established the “well-pleaded complaint” standard.
What is Louisville & N.R. Co. v. Mottley?
In this case, the Court held that only one common question of fact or law is required to join parties, and that the transactions/occurrences in question only need to be logically related.
What is Mosley v. General Motors?