Personal Jurisdiction
The power of a court to hear a case over a particular person arises from the due process clause of the 14th Amendment.
What is Personal Jurisdiction?
State courts have this type of jurisdiction, while federal courts are courts of limited jurisdiction.
What is General Jurisdiction?
The general federal venue statute, 28 U.S.C. § 1391, allows venue in these three judicial districts.
What is 1) where any defendant resides, if all defendants are from the same state; 2) where a substantial part of the events or omissions occurred; or 3) if there is no other district, where any defendant is subject to personal jurisdiction?
The Federal Rule that requires only a "short and plain statement of the claim showing that the pleader is entitled to relief."
What is FRCP 8(a)(2)?
The doctrine, stemming from the Rules of Decision Act, that states federal courts must apply state substantive law in diversity cases.
What is the Erie Doctrine? (Erie R. Co. v. Tompkins)
This test asks if a defendant has such contacts with the state that the assertion of jurisdiction does not offend traditional notions of fair play and substantial justice.
What is the Minimum Contacts Test?
The rule that the federal question must appear on the face of the plaintiff's well-pleaded complaint and cannot arise from an anticipated defense.
What is the Well-Pleaded Complaint Rule? (Louisville & Nashville R. Co. v. Mottley)
If a federal court finds that venue is improper, it has these two options.
What is dismiss the case or, in the interest of justice, transfer it to a proper district?
The modern pleading standard established in Iqbal/Twombly that requires a complaint to be plausible on its face, not just possible.
What is the Plausibility Pleading Standard?
This Act authorizes the Supreme Court to promulgate the Federal Rules of Civil Procedure, which are "arguably procedural" and thus trump state law under Erie.
What is the Rules Enabling Act?
The type of jurisdiction that exists if a defendant has continuous and systematic contacts with the forum state.
What is General Personal Jurisdiction?
For a natural person, this status calls for both currently living in a place and intending to remain there indefinitely.
What is Domicile?
H, from the Eastern District of Arkansas, sues M corporation (incorporated in TX, principal place of business in MO) for an injury that occurred at M's office in the Western District of Arkansas. H sues in the Eastern District of Arkansas. Is venue proper?
What is No? (Venue is proper in the Western District of AR where a substantial part of the events occurred).
A statement in a pleading that offers a legal conclusion without factual backing is known as this.
What is a Conclusory Statement?
The statute that authorizes a defendant to remove a case from state to federal court if the federal court would have had original jurisdiction.
What is 28 U.S.C. § 1441(a)?
The type of jurisdiction that exists when a defendant's contacts with the forum state are limited, but the lawsuit arises directly from those specific contacts.
What is Specific Personal Jurisdiction?
The citizenship of a corporation is determined by these two locations.
What is 1) the state(s) of incorporation, and 2) the state of its principal place of business?
The doctrine that allows a court, in its discretion, to dismiss a case even if venue is technically proper because another forum is significantly more convenient.
What is Forum Non Conveniens?
A defendant's three main options upon being served with a complaint (within 21 days).
What are 1) File an Answer 2) File a Motion to Dismiss under Rule 12; or 3) Do nothing (risking a default judgment)?
This statute prevents a federal court in a diversity case from exercising supplemental jurisdiction over claims by plaintiffs against persons made parties under specific rules (e.g., Joinder) if it would destroy complete diversity.
What is 28 U.S.C. § 1367(b)? (The Owen Equipment rule)
D from New York decides to move to Arizona. He packs, gets an Arizona driver's license in NY, but gets in an accident with an Arizona resident in Oklahoma en route. The Arizona resident immediately files suit in Arizona. Does personal jurisdiction exist over D in Arizona?
What is No? (Diversity jurisdiction may exist, but personal jurisdiction in Arizona is improper because D had not yet established physical presence in the state).
The two components required for a federal court to have diversity jurisdiction.
What are 1) complete diversity of citizenship between all plaintiffs and all defendants, and 2) an amount in controversy exceeding $75,000?
This is the fallback provision for venue in federal question cases if no other district qualifies.
What is "any judicial district in which any defendant may be found"? (28 U.S.C. § 1391(b)(3))
This type of motion can be made at any time before the case is submitted to the jury, arguing that no reasonable jury could find for the opposing party on a claim.
What is a Motion for Judgment as a Matter of Law (JMOL) under Rule 50(a)?
Fair treatment through the normal judicial system, which is concerned with the legal process itself rather than the underlying substance of the law.
What is Procedural Due Process?