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28 USC 1331
FEDERAL CLAIM
US district courts have original jurisdiction over federal claims (constitution, laws, or treaties) TERM 2
28 USC 1332 (a) (b)
DEFINITION 2 (A)Diversity Jurisdiction Federal court can hear state claim if amount in controversy exceeds $75,000; AND claim is either between: citizens of different states, or citizens and foreigners (b): district court may deny and impose costs on plaintiff TERM 3
FRCP: RULE 1
DEFINITION 3 Rules are meant to secure the just, speedy, and inexpensive court proceedings TERM 4
FRCP: RULE 3
DEFINITION 4 Commencing an action: file a complaint with the court TERM 5
FRCP RULE 12(B)
DEFINITION 5 A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with pleading stating the cross/counter claim
FRCP RULE 85 TITLE
Title: FRCP TERM 7
Pleadings
DEFINITION 7 complaint, answer, cross-claim, 3rd party complaint, counterclaim TERM 8
Discovery
DEFINITION 8 Interrogatory responses (list of questions) and deposition testimony TERM 9
28 USC 1332 (C) (1) Corps
DEFINITION 9 A corporation is a citizen of eery state and foreign state by which it has been incorporated and where its principal place of business (nerve center) is.Nerve center: where the corp's office directs and controls a company's day to day activity TERM 10
28 USC 1359 illegal
DEFINITION 10 Parties collusively(illegally/secretive agreement) made or joinedNo jurisdiction over party that has been collusively made or joined to invoke jurisdiction of such court(like selecting a foreign executor of the desired citizenship)
RULE 24: Intervention
If statute or interest of the claim permits, a party may come on either the P or D's side TERM 17
1367 (C) Exceptions to SJ
DEFINITION 17 The court can deny Supplemental Jurisdiction if: The claim raises a novel or complex issue of state law The claim predominates over the claims over which the court had original jurisdiction The district court had dismissed all claims over which it has original jurisdiction Exceptional circumstances create "other compelling reasons" for declining jurisdiction TERM 18
Exxon Mobile's significance
DEFINITION 18 Where other elements of jurisdiction are present and at least one named plaintiff in the action satisfies the amount in controversy,a court may exercise supplemental jurisdiction over the claims of the other plaintiffs in the same case, even if those claims are for less than the required amount for divesity TERM 19
FRCP RULE 13 (a) (1)
DEFINITION 19 (a) Compulsory CounterclaimA pleading must must state as a counterclaim any claim- at the time of service- that the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and (B) does not require adding another party over whom the court cannot acquire jurisdiction TERM 20
FRCP Rule13 (G) CROSSCLAIM
DEFINITION 20 (G) Crossclaim against a coparty. A pleading must state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or counterclaim, or relating to property Can designate full blame in a cross claim holding coparty responsible.
Ancillary Jurisdiction
Fed court can hear a claim normally outside of its subject- matter jurisdiction if its substantially related to a second claim that's within the court's jurisdiction TERM 22
28 USC 1441 (a): REMOVAL (b)(2)
DEFINITION 22 Def's have 30 days to remove after receipt of service(a): any civil action brought in state court can be removed by defendant to US district court if that US district court had original jurisdiction (but chose to file in state court)(b)(2): A civil action removable solely on 1332 diversity basis, may not be removed if any of the parties properly joined are citizens of the state --> cant remove if domiciled in forum state TERM 23
28 USC 1446: procedure of
removal
DEFINITION 23 (a): file in US district court(b)File within 30 days of receipt of complaint(c) Cant remove after a year unless bad faith involved by other party(d) After filing notice of removal, must give written notice to all parties TERM 24
28 USC 1447 C&E
DEFINITION 24 (c) anytime a court realizes it doesnt have subject matter jurisdiction, it must remand case(e):if after removal plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder or permit them and remand action to state court TERM 25
In Personam Jurisdiction 3 ways to get
someone into court
DEFINITION 25 Jurisdiction gained by consent, presence, or citizenship Consent: occurs when a party comes into a jurisdiction and consents to be sued there Presence: Defendant needs to be present in the state for the court to have Jurisdiction. Jurisdiction occurs when served Citizenship: if domiciled citizen of the state, that state will always have jurisdiction over you Requires personal service
PJ: Purposeful availment
When def is not a resident of statePurposeful availment: enjoying protection and benefits from that state's laws while conducting activities there, you have purposely availed yourself and can be sued there TERM 32
PJ: contacts
DEFINITION 32 If contacts are continuous and systematic enough, the corporation can be considered at home in the forum state... then those contacts do not need to be related to the cause of action (general jurisdiction) TERM 33
State Long-Arm Statutes
DEFINITION 33 Statutes authorizing the state to exert jurisdiction over non- residents engaging in certain conduct within the stateEx: conduct business here, hurt someone here --> will be sued here TERM 34
FRCP RULE 4 (K) (1) (A)
DEFINITION 34 Serving establishes personal jurisdiction over defendant who is subject to the jurisdiction of a court's general jurisdiction in the state where the district court is located. TERM 35
Sufficiency of seizure of property in the
forums state
DEFINITION 35 If you're a non-resident in the state, and the only contact you have in that state is the location of your property, the forum lacks personal jurisdiction over the defendant unless the minimum contacts test is sastisfied
Purposeful availment and the forum state
Burgerking caseA forum may exercise personal jurisdiction over a nonresident who"purposefully directs his activities toward forum residents" if it doesn't violate due process TERM 37
Stream of commerce
DEFINITION 37 if actor puts its products into the stream of commerce and expects that they will be marketed in the forum state --> can be sued in that forum stateMovement of goods from manufacturers through distributors to consumers TERM 38
Unilateral activity: personal jurisdiction
DEFINITION 38 One isolated occurrence is not sufficient for PJand foreseeability alone is not sufficient to establish PJ under due processNo ties, contacts, or relations in the state--> cannot be sued there TERM 39
Nicastro case
DEFINITION 39 "manufacturer knows or reasonably should know that its products are nationally distributed and can be sold in any of the 50 states" --> not sufficient to be sued there; still requires minimum contactsrequires a purposeful intention to be under a state's sovereignty TERM 40
2 principles of International Shoe case
DEFINITION 40 Jurisdiction is permissible when defendant's activity in forum state is continuous and systematic and the cause of action is related to that activity Sporadic or casual activity of the defendant in the forum does not justify assertion of jurisdiction on a cause of action UNRELATED to that forum activity
7 venue factors 1391 (a)-
(d)
location of the property involved in the action place where cause of action arises location of some particular event or fact defendant's residence Plaintiff's residence defendant's place of business plaintiff's place of business
