Personal Jurisdiction
These are the three major cases to cite for a personal jurisdiction question.
What are International Shoe, Hanson, and World-Wide Volkswagon?
When can a case be dismissed for lack of subject matter jurisdiction?
Anytime.
The _________ ________ is a two part test from Iqbal and Twombly must be met to survive a motion to dismiss for failure to state a claim under rule __(_)(_).
What is the plausibility standard and 12(b)(6)?
Explain why no PJ was found in World-Wide?
Any accurate and thurough explanation accepted.
The work poduct doctrine protects materials prepared in ________ of ________ from discovery.
What is in anticipation of litigation?
A court must have PJ in order to satisfy ___ _______ as required by the ____ ammendment and extended to state courts by the ___ ammendment.
What is due process as required by the 5th ammendment and extended to state courts by the 14th ammendment?
These are the three main types of SMJ.
What are Federal Question, Diversity, and Supplemental.
A complaint requires one of these three responses.
What is: admit, deny or plead insufficient
information to respond to allegation?
This case established that work prepared specifically in anticipation of litigation, although not protected by attorney client privilege, is not discoverable unless the party seeking it shows significant justification.
Hickman v. Taylor
A court will grant summary judgment under rule __ if there is no this and the movant is entitled to judgement as a matter of law.
What is "genuine dispute of material fact"?
*Bonus: 50 extra points, when can you file for summary judgement?
To excercise specific jurisdiction, the defendant must have ______ _______ with the state that satisfy traditional notions of ____ _____ and________ ________.
What is: they must "have minimum contacts with the state that satisfy traditional notions of fair play and substantial justice."
These are the two requirements to establish diversity jurisdiction.
What are an amount in controversy greater than 75K and complete diversity.
*Bonus: 50 extra points to define complete diversity.
A party may obtain discovery regarding any nonprivileged matter that is ________ to any party's claim or defence and is _____________ to the needs of the case.
What is relevant and proportional?
This was the main takeway from Erie Railroad Co. v. Tompkins.
Federal Courts sitting in Diversity must apply the law that would be applied by the courts of the state in which they sit.
This is how an individual's citizenship is determined for purposes of diversity jurisdiction.
*Note you need the word and an explanation of what it means.
What is domocile?
A person’s fixed and permanent home, to which they intend to return anytime they are away.
A person’s domicile changes only if they take up residence in a new domicile and intend to stay there.
These are the two places where general jurisdiction can be excercised over a coorporation.
what is (1) the state where it is inccorporated, or (2) its principle place of business?
*Bonus: for 50 points what is the difference between specific and general juridiction?
The standard for supplemental jurisdiction was first described in Gibbs as requiring the state and federal claim to arrise out of a ______ _______ of
_________ ____. This standard was codified in
28 U.S.C. § ______ as requiring that they be part of the same _____ or ____________.
A common nucleus of operative facts,
28 U.S.C. § 1367(a)
The same Case or controversy.
Beeck v. Aquaslide 'N' Dive Corp. is an example of a time the court granted permission to ________ a compaint because "justice so required" as allowed under rule ___(_)(_).
What is amend, under rule 15(a)(2)?
This is the notice standard articulated in Mulane to satisfy constitutional due process.
Notice must be reasonably calculated, under the circumstances to apprise the parties of the
action and of their opportunity to participate
Rule __(_)(1)-(3) specified these three types of class actions.
What is rule 23(b)?
Prejudice Class Actions
Injunctive and Declaratory Relief
Damage Class Actions
To establish PJ over the internet, use this test which sorts websites into _______ (PJ), ________ (no PJ), or ________ (maybe PJ).
The zippo test which sorts websites into active, passive, or interactive.
Plaintiffs cannot bring supplemental jurisdiction claims against persons made parties under Rule __, __, __, or __.
What are rules 14, 19, 20, or 24.
*Note this only applies to plaintiffs not defendants.
In general plaintiffs may join or be joined if they assert a right to relief arrising out of the same ________ or _________ and a question of ____ or ____ common to all plaintiffs will arise in the action.
What is the same transaction or occurence and any question of law or fact?
World-Wide Volkswagon sets out these five standards for when personal jurisdiction can reasonably be excercised.
1) how reasonable is the burden on the defendant; 2) the forum state’s interest in the type of action; 3) plaintiff’s interest in obtaining convenient and effective relief; 4) comport with the interstate judicial system’s interest in obtaining most efficient resolution of controversies and 5) the shared interests of the states to further fundamental substantive social policies.
(1) The prior action concluded in a valid final judgement on the merits.
(2) The claim being raised is the same as a claim that was, or should have been, raised in the previous action.
(3) The parties in the new action are identical to, or in privity with, the parties in the first action.