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Federal Question Jxn
Diversity Jxn
Personal Jxn
Supplemental Jxn
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100

What is Federal Question jurisdiction?

Federal question jurisdiction allows federal courts to hear cases that arise under the U.S. Constitution, federal laws, or treaties

100

What is Diversity Jurisdiction?

Power for Federal Courts to hear cases between parties of different citizenship.

100

What is Personal Jurisdiction

when a court can exercise power over particular defendant or item of property (can require a defendant to show up in court to defend, has jurisdiction over a defendant’s property involved in a suit).

100

What is supplemental Jurisdiction?

allows federal courts to hear additional state claims that are closely related to a federal claim over which the court has original jurisdiction

100

What is the 7th amendment?

Guarantees the right to trial by jury in certain civil cases

200

What is the statutory requirement for Federal Question Jurisdiction 

requires that both the Holmes creation test and the Motley well-pleaded complaint rule be satisfied for federal question jurisdiction.

200

What is the constitutional Requirement for Diversity Jurisdiction?

allows federal jurisdiction over cases “between citizens of different states.” Requires only minimal diversity

200

What are the two types of personal Jxn (explain each)

Specific 

  • Limited to claims directly arising from defendants’ activities in that state (typically based on activities listed in the states long arm statute)

General 

The court can hear any claim against the defendant, even if unrelated to the forum so long as its the defendants home state

200

What is the test used to determine if a federal court can exercise Supplemental Jxn?

Gibbs test-A federal court may exercise supplemental jurisdiction over a state-law claim if it shares a common nucleus of operative fact with a federal claim

200

What are the stages of a Lawsuit

  • Pleading phase (complaint)
  • Discovery
  • Pretrial
  • Trial
  • Post Trial
  • Appeal
300

What Is the Motley Test

  • Well-Pleaded Complaint Rule (Motley test):
    -Federal question must appear on the face of a properly pleaded complaint.
    -Anticipated defenses or counterclaims based on federal law do not count
300

What is the statutory requirement for Diversity Jurisdiction?

  • Complete diversity (no P shares state citizenship with any D) 
  • Amount in controversy > $75,000, unless it’s legally certain P can’t recover that much.
300

True or False: A defendant’s physical presence in the forum state is always required for personal jurisdiction

False

300

True or False: A federal court may always hear a state claim if it arises from the same facts as a federal claim.


False (Courts may decline under § 1367(c)) 

300

Who can Serve a Defendant?

Any 18+ Non-party

400

What is the Holmes Test

  • Holmes Creation Test
  • -Federal Question exists only if federal law creates the cause of action
  • - “What sovereign created the legal injury and the right to relief for the violation thereof? (state or federal)
400

What tests do courts use to determine Individuals citizenship? (explain)

  • Gordon v. Steele: A person remains a citizen of a state until he takes up residence in a state and intends to remain there indefinitely (Default test)
  • Mas v. Perry: Domicile is the place of a persons true, fixed, permanent home and to which the person has the intention of returning when absent therefrom
400

What is the test for personal Jurisdiction?

Internatinal shoe test 


    • The defendant must have sufficient minimum contacts with the state (deliberate, purposefully availed themselves, invoking privileges and laws in the state)
    • Cause of action arises out of those contacts
    • The exercise of personal jurisdiction must be fair and reasonable
400

What is the statutory citation for Supplemental JXn?

28 U.S.C. § 1367

400

What are the considerations in selecting a venue

Subject Matter jxn

Personal Jxn

Venue location

500
What is the Statutory citation for Federal question Jurisdiction

28 U.S.C. § 1331

500

What tests do courts use to determine corporations citizenship? (explain)

  • Hertz test- Corporation is a citizen of Every place where the business is incorporated and its principal place of business
  • Nerve center test used to determine where a corporation’s principal place of business is conducted
  • Principle place of business is where the high level officers direct, control, and coordinate the business decisions of the corporation. (typically, the business headquarters)
500

This case emphasized that purposeful availment must be such that the defendant could reasonably anticipate being haled into court.



World-Wide Volkswagen Corp. v. Woodson

500

True or False: A federal court may exercise supplemental jurisdiction over a state claim that shares no factual overlap with the federal claim.


false

500

What are the 4 types of Long arm statutes

  • Enumerated acts statutes
  • Specialized statutes
  • Unenumerated statutes or “limits of due process” statutes
  • Hybrid statutes