Subject Matter Jurisdiction
I'll take my chances!!!!
Venue
Amount in controversy
ERIE, Supplemental, Removal
100
Domicile calls for these two things.
What is you currently live in a place and intend to remain there indefinitely?
100
D from New York decides to move to Arizona and remain there. He packs up his household and rents a U-Haul. He also registers for his driver's license for Arizona while in New York. On the way to Arizona, D is involed in an accident with an Arizona reisdent and is hospitalized in Oklahoma. That same day the Arizona resident files suit in Arizona for negligence. What result?
Diversity jurisdiction does exist because D is not present in Arizona yet depsite his intent to remain there.
100
Under 28 USC 1391 a and b, these three elements form the general rule for venue
What is the district where all D's reside, where a substantial part of the events at issue took place, or where at least one defendant is reachable (provided no other district qualifies)
100
Jurisdiction exists unless there is a _______________
What is "legal certainty that the claim is for less than the jurisdictional amount".
100
Unless there is some federal statute or provision of the Constitution that applies, state law shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.
What is "Rules of Decision Act"? or "Erie Doctrine"?
200
How the citizenship of a corporation is determined
What is any state where it is incorporated and the state of its principal place of business
200
Minimum Contacts Test
What is "exists if a defendant has such contacts with the state that the assertion of jurisdiction (or maintenance of suit) does not offend traditional notions or fair play and substantial justice.
200
Under forum non conveniens, a state may do this.
What is the state may use its discretion not to hear a case in a county where there is statutory venue
200
May aggregate claims against a single defendant if there exists a common and undivided interest.
What is "Multiple plaintiffs"?
200
If this is “arguably procedural,” it falls within the authorization of the Rules Enabling Act – in that case, the Rules of Decision Act and Erie do not apply!
What is FRCP?
300
Although the action arises from state law, it involves the constitutionality of a federal statute.
What is the "more like Smith Case"?
300
O to A for life, then to C.
What is "A has a present interest in a life estate. C has indefeasibly vested remainder in fee simple absolute." O has nothing. Sorry, I could not resist!!!!
300
This is the fall-back provision for federal question cases
What is venue exists in any judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought (1391 b3)
300
The amount of controversy must be at least 75,000 dollars. True or False?
What is False?
300
If you have a common nuclues of operative fact removal is authorized by this.
What is 1441(a)?
400
State courts have general jurisdiction and federal courts are courts of this.
What is limited jurisdiction?
400
What is a contract? (The Matthews' Way)
What is "a contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty".
400
H, from AR (Eastern district) sues M, which is incorparated in TX and has principal place of business in MO. H went to M's office in the Western District of AR and was injured when tripping over a loose board in the floor. H sues in the Eastern District of AR. Is venue proper?
No. H should sue in the Western District of AR.
400
May aggregate all claims against a single defendant.
What is "a single plaintiff"?
400
In diversity cases involving joinder or intervention of additional parties, federal courts cannot exercise jurisdiction over supplemental claims that would destroy complete diversity
What is 1367(b) and Owen?
500
The federal question/ claim must be in the plaintiff's complaint and not an anticipated defense.
What is "Well-pleaded complaint rule". Mottley
500
Elements of a crime.
What is "voluntary act, social harm, mens rea, actual cause, and proximate cause.
500
If venue is improper the court __________________________________________________________________________________________________.
What is "shall dismiss the case or in the interest of justice, transfer the case.
500
May only aggregate claims if they are for a single loss or injury.
What is a "single plaintiff against multiple defendants"
500
The federal claim is the tail wagging behind a state dog!
What is "the claims substantially predominate the claim for original jurisdiction"? West Mifflin Case
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