Due Process
The three things you cannot be deprived of without due process of law under the 5th and 14th amendments
What are life, liberty, or property?
The amount in controversy to be able to sue in federal court
What is over $75,000?
How a defendant might challenge personal jurisdiction. For 100 bonus points, one additional way, for 300 bonus points, two additional ways
What is (1) making a special appearance, (2) filing a rule 12 motion to dismiss, or (3) making a collateral challenge?
The term for when lawyers look around for a venue that might offer a strategic advantage, and a few factors of why they might do this
What is forum shopping? Some factors are: Convenience, familiarity, jury pools, speed, case assignment to one judge, attorney control, out-of-state litigants, expertise of the prospective judge
The three doctrinal classes we will have to take next semester
What are criminal procedure, property, and constitutional law?
The difference between the 5th and 14th amendment
What is governing federal actions versus state actions?
The two factors necessary to establish domicile
What is residency and intent to remain?
Defendant’s contacts must be these two things in order to establish general jurisdiction
What is systematic and continuous?
The procedural point in a case where a motion for summary judgement would be filed
What is after the discovery phase but before the trial begins?
When the University of Richmond School of Law was established
What is 1870?
What the court in Goldberg v. Kelly held was necessary to provide a discontinued welfare recipient with due process
What is a pre-termination evidentiary hearing?
One rule for when supplemental jurisdiction can be used. Bonus points for all three
What is (1) an original jurisdiction hook, (2) a common nucleus of facts for federal question, and (3) no party added that destroys complete diversity?
Hypo: D is a mechanic in Maine. He did brake work on P’s car. P drove to Massachusetts and her brakes failed. Can P sue D in Massachusetts court? Why or why not?
No, he cannot sue because he didn’t purposefully avail himself of the forum
What it means for courts to have concurrent jurisdiction
What is plaintiffs can file a claim in either court because either court has proper jurisdiction?
When Wendy Perdue became the Dean of the University of Richmond School of Law
What is 2011?
The difference between constitutional and statutory authority for a federal court to hear a claim
What is the Constitution delineating the outer bounds of the cases that lower federal courts can hear, but Congress narrowing the cases that those courts can hear through statute?
The "well-pleaded complaint" rule for satisfying federal question jurisdiction, illustrated in Louisville & Nashville Railroad Co. v. Mottley
What is the plaintiff's initial complaint showing a claim based on federal law or the Constitution, not a federal issue arising from a later anticipated defense or counterclaim?
The three-step process for specific personal jurisdiction. For 100 bonus points, the case that established this test
What is (1) the defendant’s purposeful contact in the forum state, (2) the plaintiff’s claim relating to or arising out of the defendant’s in-state contact, and (3) the reasonableness factors being satisfied? What is World-Wide Volkswagen v. Woodson?
The word for bringing a defendant adding another defendant who might be liable for the same claim
The balancing test in Mathews weighed these three factors in deciding whether or not the government is violating someone’s due process rights
What are these factors: (1) what is being taken away from and how much that matters, (2) risk that it will be taken away wrongly and whether or not additional or substitute procedures would lessen these errors, and (3) the government’s interest in reducing its fiscal and administrative burdens?
Three factors that can influence the calculation of the amount in controversy for a case, and two factors that cannot
For factors that can: what are damages (compensatory and punitive), attorney’s fees, and value of the injunction?
For factors that cannot: what are interests and court costs?
Where the current stream of commerce rule comes from and why
What is the Breyer-Alito concurrence in McIntyre Machinery v. Nicastro, because of the Marks Rule stating that when no single rationale explaining the result enjoys the assent of 5 justices, the holding of the Court may be viewed in that position taken by the members who concurred on the narrowest grounds?
What the lowest-level federal courts are called, what the appellate federal courts are called, and how many there are of each
What are Federal District Courts (94) and Circuit Courts of Appeals (12 plus 1 for the federal patent court)?