Due Process
Plaintiffs allege that the traffic officers are going around placing boots on people's cars, requiring them to have the car towed. This is the case the government will cite to defend their actions.
What is Connecticut v. Doehr?
(1) The defendant’s interest is substantial because there are significant practical consequences to the remedy,
(4) Due regard for any ancillary interest the government may have in providing the procedure or forgoing the added burden of providing greater protections
This was the type of action brought in Harris v. Balk.
What is quasi in rem?
This case set out the "nerve center" test for determining a company's citizenship.
What is Hertz?
Professor Haymond's dog is named this.
Who is Jax?
These two constitutional amendments provide the basis for due process requirements and protections.
What are the fifth and fourteen amendments?
Amend. V
“nor shall any person ... be deprived of life, liberty, or property, without due process of law”
Amend. XIV
“nor shall any state deprive any person of life, liberty, or property, without due process of law”
These two cases established that older methods of establishing personal jurisdiction, quasi in rem and tag jurisdiction, are subsumed under the minimum contacts test.
What are Shaffer v. Heitner and Burnham v. Superior Court of California?
These two cases established the "federal ingredient" requirement of federal question jurisdiction.
What are Osborne and Cohens?
There are 8 first principle categories. Name four of them.
What are dignity, fairness, equality, efficiency, accuracy, finality, federalism, and separation of powers?
This was the means by which this bank sought to collate different beneficiary accounts. Name the name of the bank, as well as the method of notice.
What is Central Hanover Bank & Trust Co., and publication in a newspaper?
What are Daimler, Asahi, and J. McIntyre?
This case set out four factors for determining whether a case should be heard in federal court under federal question jurisdiction. Name the case(s) and all four factors.
What are Grable/Gunn, actually raised, necessarily disputed, substantial, and federalism (accepting the case will not accept the balance between state and federal courts)?
A defendant tenant looks to join a co-landlord in an eviction case. This is the Rule 4 section and subsection that grants what is sometimes called bulge jurisdiction.
What is Rule 4(k)(1)(B)?
(B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued
These two cases establish the main two wings of personal jurisdiction analysis: the minimum contacts test and the reasonableness test.
What are International Shoe and World-Wide Volkswagen?
28 USC § 1367 sets out the statutory requirements for supplemental jurisdiction. However, supplemental claims under these three categories of joinder are disallowed.
What are claims against persons under Rule 14, 19, 20, and 24; persons proposed to be joined as plaintiffs under Rule 19; persons proposed to be joined as plaintiffs under Rule 24?
Service is effected on a corporation's CEO's executive assistant. The assistant then hands over the summons to the CEO. These are challenges that the defendant should pose, and through this defensive motion.
What is service but not notice under Rule 4(h)(1)? What is Rule 12(b)(4) motion?
These two cases establish the idea that companies can waive personal jurisdiction in order to do business in the state.
What are Hess and Mallory?
28 USC § 1441 sets out the removal requirements. Name the other two 28 USC sections that deal with removal, and what they broadly apply to.
What are 28 USC § 1446 procedural requirements and 28 USC § 1447 remand?