Court System
The Federal & State court systems are this to each other.
Parallel.
Subject Matter Jurisdiction must be within both the U.S. _______ grant and a _______ grant.
1. Constitutional
2. Statutory
In Personam General Jurisdiction requires that an individual or corporation be "_______" in the forum state.
At home.
Congress passed this statute to regulate which federal district courts have proper venue.
28 U.S.C. 1391.
Under Pennoyer v. Neff, a state can't constitutionally exercise power over an out-of-state Defendant in an In Personam case if that person has not met any of these three conditions.
1. Wasn't served in the state,
2. Had not consented to it, or
3. Is not litigation a state-created status created in that state.
The goal of the U.S. Supreme Court's "Business Model" is to what?
1. Set Policy
2. Improve the System.
The Statutory Grant for Diversity Jurisdiction is 28 U.S.C. section _______ and requires these 2 elements.
1332
1. minimum diversity
2. Amount in controversy exceeds $75,000.
After World Wide Volkswagen, the court determined a 3-pronged test to assess Specific In Personam Jurisdiction.
1. Minimum contacts with the state + Foreseeability,
2. Plaintiff's claim arose out of those contacts, and
3. Satisfied "Traditional Notions of Fair Play & Substantial Justice".
28 U.S.C. 1391(b) lists 3 tests for venue under (b)(1), (b)(2), and (b)(3). List those tests.
(b)(1): Do all Defendants reside in the same state? If yes, venue proper in any district within the state where any Defendant resides.
(b)(2): Did a substantial part of the events or omissions giving rise to the claim occur there? Either produced there or sequence of events.
(b)(3): If not under (1) or (2), then venue proper in any district the where Defendant would be subject to Personal Jurisdiction.
The Burnham v. Superior Court added to Pennoyer that a court has General Jurisdiction over a Defendant if it's "home" to them, or...
They are physically found there.
The 5 sources of Civil Procedure Rules are?
1. Constitutions
2. Court Decisions
3. Statutes
4. FRCP
5. Local Rules.
The Statutory Grant for Federal Question jurisdiction is 28 U.S.C. _______ and requires one of these 2 elements.
1331
1. "Arising out of" jurisdiction, or
2. Embedded Federal Question.
Courts use these 6 factors in assessing "Traditional Notions of Fair Play & Substantial Justice".
1. Defendant's interests
2. Plaintiff's interests
3. Forum State's interests
4. Interstate Judicial System's interests
5. Shared interests of the states
6. Efficiency.
28 U.S.C. 1406 allows for transfer or dismissal if...
The case was filed in the wrong venue. Presumes Plaintiff's initial forum choice is invalid.
The ____ Amendment Due Process Clause regulates state authority to exercise jurisdiction. The ___ Amendment regulates federal authority to exercise jurisdiction.
1. 14th: requires minimum contacts with the state.
2. 5th: requires minimum contacts with anywhere in the U.S.
The 9 Stages of Litigation
1. File & serve claim
2. Rule 12 Motions
3. Answer
4. Discovery
5. Pre-Trial Motion Practice
6. Trial
7. Judgment
8. Post-Judgment Motions
9. Appeal.
List the permitted jurisdictional grants under statute 1332:
(a)(1):
(a)(2):
(a)(3):
and (a)(4):
(a)(1): Citizens of different states
(a)(2): Citizens of a state on one side and citizens of a foreign state on the other.
(a)(3): Between citizens of different states and citizens of a foreign state are additional parties.
(a)(4): Foreign state as Plaintiff and citizens of a state or different states.
FRCP 4(k) establishes the federal "__________" statute to assert jurisdiction.
Long-Arm.
28 U.S.C. 1404 allows for venue transfer if...
It's more convenient for parties & witnesses in the interest of justice.
Requires:
1. Case could've been filed there originally
2. All parties consent
3. Consideration of Private & Public factors.
Under Federal Question of Subject Matter Jurisdiction, Gunn v. Minton established the 3 elements of the "Necessarily Depends" Rule.
The Federal issue must be:
1. Necessarily raised,
2. Actually disputed, and
3. Substantial: a. Important issue of federal law, b. would not disrupt delicate fed/state balance.
Attorneys will conduct "Forum Shopping" for these 8 reasons.
1. Convenience of location
2. Familiarity
3. Jury Pools
4. Speed
5. Case assignment to one judge
6. Attorney control of timeline
7. Local pressures
8. Expertise of the judge.
Expansion of the "Well-Pleaded Complaint Rule" in FTB v. Construction established 2 alternative tests for Federal Question Jurisdiction.
1. The Holmes Test: Federal law creates the cause of action, or
2. Embedded Federal Question Test: Plaintiff's right to relief necessarily depends on the resolution of a substantial question of federal law.
The Asahi court agreed that the "Stream of Commerce" theory is not enough to establish minimum contacts, but could not agree on why.
State the Majority, Minority, and 2 Concurring opinions.
1. Majority: Traditional Notions of Fair Play & Substantial Justice not met.
2. Minority: "Stream of Commerce Plus" theory; need more than just SOC.
3. Concurring: (Brennan) Stream of Commerce is enough to establish minimum contacts.
4. Concurring: (Stevens) Traditional Notions of Fair Play & Substantial Justice not met, no need to consider minimum contacts.
If a case is filed in a proper venue, common law allows for a motion to dismiss for...
a Forum non Conveniens.
Must show:
1. Availability of alternate forum
2. Consider Private & Public Interest
Under 1446, a Defendant can remove to federal court within ____ days of receipt.
If based on Diversity only, the absolute deadline is ____ after commencement of the action.
1. 30 days
2. 1 year.