Show:
Personal Jurisdiction
Subject Matter Jurisdiction
Notice
Venue
Name that Case
100
traditional bases for PJ
What is presence, consent, domicile, and property attachment.
100
Two ways to have SMJ
What is federal question and diversity with amount in controversy over $75,000.
100
What are the two steps in Federal courts for appropriate notice.
What is Rule under FRCP and the constitutional test.
100
What is the difference between Venue and Jurisdiction?
What is Courts power to adjudicate and place where that power may be exercised.
100
5 Fairness Factors: burden on Df, forum's interest in litigating the dispute, Ps interest in obtaining most effective results, interstate judicial system's interest in achieving efficient results, and shared interests of several states.
What is Burger King.
200
Defendant's contacts to the forum state are directly related to the litigation.
What is specific jurisdiction.
200
All Plaintiffs must have different residences/domiciles than EACH defendant
What is complete diversity (Strawbridge)
200
Can a person have more than one "dwelling house or usual place of abode?
What is Yes.
200
What is proper Venue for entities?
What is wherever company has PJ (minimum contacts)
200
This case added "submission" to purposeful availment for Stream of Commerce. Df must do something more than simply put something into the Stream of Commerce
What is McIntyre v. Nicastro.
300
Effects of Df activity on forum state; Df need not ever step foot in the forum, so long as he aimed his activity to the forum and its residents.
What is Calder "effects" test.
300
Is the P seeking to assert/vindicate a right created by federal law? Name the rule.
What is the Well-Pleaded Complaint rule (Mottley)
300
Under Rule 4, what is proper service (to whom or where can it be served)
What is serving the individual personally or leaving a copy with some person of a suitable age at the individual's dwelling house or usual place of abode.
300
Suppose P sues two Df in one case. D1 resides in District of Wyoming and D2 resides in District of Montana. Where would venue be proper?
P would have to sue D1 in Wyoming and D2 in Montana.
300
22 Argentinian residents filed complaint in USDC against D which had a subsidiary company in Delaware. Court held that General Jurisdiction cannot be exercised over a foreign company where the actions of a subsidiary of the company are slim or unrelated to the case.
What is Daimler AG v. Bauman.
400
What are the fairness factors developed in BK
What is burden on df, forum states interest in litigating, P interest in obtaining convenient and effective relief, interstate judicial system's interest in obtaining most efficient results, and shared interest of several states.
400
What are the Requirements for removal and what statute do they come from.
What is grounds for removal (Diversity or Fed Question), w/i 30 days of receipt of process, and cannot be removed when defendant is citizen of same state. 28 U.S. 1446
400
Who can be served to give proper notice to a Corporation, Partnership, or Association.
What is serving the head person individually, an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.
400
Paula is injured in an auto collision with Doug. Paula is a Massachusetts citizen. Doug is a NY citizen, with his domicile in the Eastern District of NY. The accident occurred in Maine. Paula is also suing the car manufacturer in the same suit. The car was made at the factory in the Western District of NY. Where is venue proper?
What is Eastern District of NY, Western District of NY, and Maine.
400
Minimum contacts test
What is International Shoe
500
What is it called when you direct activity at a forum so that it would be likely foreseeable that you could get hauled into court there
What is purposeful availment
500
A case can be _________ at anytime for lack of SMJ. Statute?
What is remanded 28 U.S. 1447
500
Rosario sues Demerest in state court, claiming that Demerest fired him based on his age, a violation of the federal Age Discrimination act. The state court should a. Hear the suit. Unless Df removes. b. Hear the case only if the parties are not diverse. c. Dismiss the case, because it arises under federal law and must be filed in federal court d. Dismiss the case, unless Congress has expressly authorized bringing such federal claims in state court.
What is a. Hear the suit, unless Df removes.
500
Suppose Paula sues Car, Inc. alleging defective design and manufacture of the vehicle. Car, Inc. is incorporated in Delaware, with its headquarters and a factory in the Western District of Michigan. It also has factories in the Western District of Tennessee and Northern District of Georgia. Where is venue proper?
Delaware and Western District of Michigan.
500
This court found that a unilateral act of those who claim some relationship with a nonresident defendant cannot satisfy the requirement of contact with the forum State
What is Hanson v. Denckla