Show:
Subject Matter Jurisdiction
Personal Jurisdiction
Venue
Joinder
Cases
100
power of a court to hear and have jurisdiction over the subject matter of the case
What is subject matter jurisdiction
100
three sources of personal jurisdiction
What is presence, consent/waiver, and domicile
100
courts use this as a practical matter when determining where litigation can take place
What is convenience
100
plaintiff may not assert new affirmative claims against a third party defendant when doing so would destroy complete diversity
What is 1367(b) "the catch"
100
Man is sued while living in France, the rule is that state citizenship is based on present domicile and the intent to remain indefinitely
What is Redner v. Sanders
200
district courts shall have original jurisdiction of all civil actions arising under the constitution, laws, or treaties.
What is federal question jurisdiction (1331)
200
must be such that establishing personal jurisdiction would not offend traditional notions of fair play and substantial justice
What is minimum contacts
200
1391 (b) (1)
What is a civil action may be brought in a district where any defendant resides if all defendants are residents of the same state
200
people on the same side can only sue each other if the claim arises out of the same transaction or occurrence that is the subject matter of the opposing party's claim
What is cross claims.
200
chicken farmer case, rule is: a defendant may assert new claims against anyone who is not a party to the original action, if that third party's liability is in some way dependent on the outcome of the original action
What is Price v. CTB
300
civil actions wheres the matter in controversy exceeds $75,000 and is between individuals of diverse citizenship
What is diversity of citizenship jurisdiction (1332)
300
personal jurisdiction can be established by the defendant's presence in the forum state, which allows them to be served with the summons and notice of court.
What is tag jurisdiction
300
if choice of venue was improper, the court will do this
What is either transfer it to proper venue or dismiss the claim
300
even if it is not raised in the initial claim, it may be raised later as long as there is an independent basis of subject matter jurisdiction.
What is permissive counter claim
300
set in Puerto Rico, the rule is that a court may decline to exercise supplemental jurisdiction for any of the reasons under 1367(c)
What is Szendry-Ramos v. First Bancorp
400
this shall be deemed to be a citizen of every state where it is incorporated and where it has it principal place of business
What is a corporation (1332(c))
400
when a defendant takes affirmative steps to seek out and intentionally direct their activities to the market, they accept the protection of the state
What is purposeful availment and foreseeability
400
the power of defendants to bring a case that could have been brought to federal court, to that federal court, and out of the state court where the plaintiff filed it
What is removal (1441)
400
the defendant becomes the third party plaintiff when they serve a summons and complaint on a non-party who is, or may be, liable to it for all or part of the claim.
What is impleading
400
insurance claim, rule: fraud is a conclusory claim and requires facts to identify the fraudulent behavior (rule 9)
What is Stradford v. Zurich Insurance
500
any civil action in which district courts have original jurisdiction, they will also have this over all other claims so related that they form a part of the same case or controversy
What is supplemental jurisdiction (1367)
500
world wide volkswagon reasonableness factors
What are: burden on the defendant of litigating in the forum state, forum states interest in adjudicating dispute, interstate judicial system's interest in obtaining the most efficient resolution of controversies, interest of the plaintiff in adjudicating the suit in the forum state, and shared interest of the several states in furthering fundamental substantive social policies.
500
permits the court to refrain from hearing and determining a case when the matter may be more properly brought and fairly heard in another forum (name as many factors as you can)
What is forum non-conveniens
500
resulting prejudice, extent to which prejudice could be avoided or lessened, whether judgment without them would be adequate, and whether the plaintiff would have an adequate remedy if the action were dismissed for non-joinder.
What is the equity factors related to permissive joinder
500
police officer responding to call, rule: in a ruling on a motion for summary judgement, the evidence of the non-movant is to be believed and all justifiable inferences are to be drawn in his favor- construe the facts in the light most favorable to the non-moving party
What is Tolan v. Cotton