Sub. Matter Juris.
Name three forms of Subject Matter Jurisdiction
What is Federal Question (1331); Diversity (1332); Supplemental (1367)?
*Will accept Removal (1441) b/c is related to SMJ
Explain the difference between Subject Matter Jurisdiction and Personal Jurisdiction
What is: (this is an open ended question, so no one correct answer)
SMJ = what claims may be brought into court
PJ = what parties may be brought into court
Define a long arm statute
What is: Limits application of a state’s personal jurisdiction; not enforceable if outside scope of the Constitution.
Is there SMJ?
Claim: personal injury
P1: NY
D1: NJ
AOC: $75,000
Who is our, shall I say our most . . . controversial . . . alumni?
Hint* Former Governor of New York?
What is: Andrew Cuomo
Class of '82
What is the Well Pleaded Complaint rule?
What is: The federal claim needs to appear on the face of the well-pleaded complaint. (Mottley) It is not sufficient to anticipate or show that a constitutional issue will likely arise during the course of litigation
What case synthesized this rule?
To subject a non-resident D to personal jurisdiction, the D must have certain minimum contacts with the forum state such that the maintenance of the suit does not “offend traditional notions of fair play and substantial justice.”
What is International Shoe
What is a [legal] venue?
What is: the proper federal District upon which to file suit.
Ex. Northern District of NY (There is appropriate SMJ and PJ, but you must also pick an appropriate Venue)
SMJ?
Claim: Immigration Visa Issue
P1: NY
D1: NY
AOC: $0
What is: Yes
Immigration is a federal question that falls under 1331. So long as the well pleaded complaint rule is adhered to, SMJ is proper.
Who is Albany Law's most famous Alumni (as evinced by the dozens of portraits of his throughout the school)
hint: "We are not final because we are infallible, but we are infallible only because we are final"
Supreme Court Justice Robert J. Jackson
Jackson attended Albany Law School from 1911 to 1912. At the time a two year program, he showed knowledge sufficient to skip the first year and went straight to advanced courses.
Is there Diversity Jurisdiction (1332) here?
P1: Texas; P2: Georgia; P3: Illinois
D1: Missouri; D2: Maine; D3: New York
AOC: $90,000
What is: Yes
No one P is from the same state as any D, and the AOC exceeds $75,000.
Plaintiff signs an agreement with Defendant when purchasing a motorbike. The agreement contains verbiage stating that any litigation resulting from the agreement shall take place in Albany County under NY Law. What is this provision referred to as?
What is: Forum Selection Clause (Carnival)
What is Forum non conveniens?
What is:
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum. This doctrine may be invoked by either the defendant, or by the court (sue sponte).
Claim 1: Federal Discrimination (quid pro quo employment harassment). $100,000
Claim 2: Breach of Contract (unpaid wages from same employer). $80,000
P1: NY; D1: NJ
What is: If filed alone and separate from Claim 1 under diversity, yes because the parties are from different states and the AOC is satisfied.
If supplemented to Claim 1, no because unpaid wages does not stem from same nucleus of operative facts as a boss offering quid pro quo to subordinate.
Name the one and only President of the United States who attended Albany Law School
President William McKinley, 25th President of the United States
While he did not technically graduate from Albany Law (back then you could just take the Bar), he attended in and is considered a part of the class of 1867
Name all 4 Szendrey-Ramos factors for Supplemental Jurisdiction (1367)
What is the federal court MAY decline to excercise supplemental jurisdiction based on these factors
(1) The claim raises a novel or complex issue of state law; (2) The state claim substantially predominates over the federal one; (3)The original federal claim(s) have been dismissed; or (4) In exceptional circumstances, where there are compelling reasons to decline.
What is the rule for General Jurisdiction (under Personal Jurisdiction)?
What is:
The contacts must be “so systematic and continuous” as to make the defendant “at home” in the forum state. (Goodyear)
What can a Federal Judge do if there is appropriate SMJ and PJ, but improper Venue? (2 answers)
What is: Either transfer to appropriate venue or dismiss claim
SMJ?
Claim: Freedom of Speech Violation
P1: NY; D1: NJ; AOC: $74,000
Who is Albany Law's other (not Jackson) SCOTUS Alumni?
*hint, served 1890-1910
What is: David J. Brewer
Brewer is not well remembered mostly due to the fact that Justices like Holmes outshined him.
Supplemental Jurisdiction Question:
P (a citizen of New York) sues D (a citizen of New Jersey) for $50,000 for violation of federal securities law. P joins an action against D for $50,000 for breach of an unrelated contract.
This does not have supplemental jurisdiction. It cannot because it is not part of the same constitutional case or controversy as P's federal securities fraud action, as is required in 1367(a).
Name ALL 5 World Wide Volkswagen Factors
What is:
(1)The burden on the defendant of litigating the suit in the forum state; (2)The forum state’s interest in adjudicating the dispute; (3)The interstate judicial system’s interest in obtaining the most efficient resolution of controversies; (4)The interest of the plaintiff in adjudicating the suit in the forum state; and (5) The shared interest of the several states in furthering fundamental substantive social policies.
Name at least 5 of the 8 forum non conveniens factors
What is: Balancing Test:
Private Factors
(1) ease of access to evidence; (2) interest of the two parties in their connections with the respective forums; (3) the plaintiff's chosen court would be burdensome to the defendant; (4) ease of obtaining witnesses; (5) enforceability of judgment
Public Factors
(1) whether the trial would involve multiple sets of laws, thus potentially confusing a jury; (2) having juries who may have a connection to the case; (3) local interest in having local interests heard at home; (4) having the trial in a place where state laws govern
Claim: Breach of Contract under NY law for $90,000
P1: NY; P2: CA
D1: TX; D2: FL
What is: Yes, 1332 Diversity Jurisdiction is satisfied because no one P is from the same jurisdiction as any one D, and the AOC is satisfied.
Who was the first woman to pass the New York Bar Exam (in 1885) who attended Albany Law?
Kate Stoneman