Personal & Subject Matter Jurisdiction
What are the two types of personal jurisdiction?
General jurisdiction and specific jurisdiction.
Name one proper basis for venue in federal court.
Where any defendant resides (if all reside in the same state), where a substantial part of the events occurred, or where the property is located.
When is summary judgment appropriate?
When there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
What is work product?
Material prepared in anticipation of litigation.
What is required for issue preclusion?
The issue was actually litigated, decided, and essential to the prior judgment.
What must a plaintiff establish to satisfy due process for specific personal jurisdiction?
The defendant must have minimum contacts through purposeful availment such that jurisdiction does not offend traditional notions of fair play and substantial justice.
Who may remove a case from state court to federal court?
Only the defendant.
Whose favor are all factual inferences drawn on summary judgment?
The nonmoving party.
Can witness statements that qualify as work product ever be discovered?
Yes, if the requesting party shows substantial need and undue hardship.
What is claim preclusion?
A final judgment on the merits bars the same parties or their privies from relitigating the same claim.
What are the two requirements for diversity jurisdiction?
Complete diversity of citizenship and an amount in controversy exceeding $75,000.
What is required before a federal court may transfer a case for convenience under §1404?
The transferee court must have subject matter jurisdiction and personal jurisdiction, and the transfer must serve convenience and the interests of justice.
What showing is required to obtain a TRO without notice?
Immediate and irreparable injury.
Are an attorney's mental impressions ever discoverable?
No. They are absolutely protected.
For diversity jurisdiction, when is a person's domicile determined?
At the time the lawsuit is filed.
Under the well-pleaded complaint rule, where must the federal question appear?
On the face of the plaintiff's complaint, not in the answer or an anticipated defense.
After a §1404 transfer to a more appropriate forum, which state's law applies?
The law of the transferor court.
What are the four HELP factors for a preliminary injunction?
Harm, Evaluation of injuries, Likelihood of success on the merits, and Public interest.
What is the general rule regarding appealability?
Final judgments are appealable; nonfinal judgments generally are not.
Where is a corporation considered domiciled for diversity purposes?
In its state of incorporation and its principal place of business.
When is supplemental jurisdiction unavailable to a plaintiff?
When the sole basis for federal jurisdiction is diversity and the plaintiff seeks to add a claim against a nondiverse party.
Can a defendant remove a diversity case if sued in the defendant's home state?
No. The forum defendant rule bars removal when diversity is the only basis for federal jurisdiction.
How long does a TRO generally last without an extension?
No longer than 14 days unless extended for good cause or with the adverse party's consent.
Name two exceptions allowing an appeal before final judgment.
Orders involving injunctions, collateral orders, certified final orders involving multiple parties or claims, or certain interlocutory orders.
A plaintiff files a federal question claim and a related state law claim. What doctrine allows the federal court to hear both?
Supplemental jurisdiction, provided the requirements are met.