Civ Pro Terms and Questions
How long does a defendant have to argue PJ, Venue, Insufficient Process and Insufficient Service?
21 days Federal, has to be in your first pleading or answer
How many days federally does a person have to waive PJ?
21 days from date of service ( must be in first pleading or Answer)
When does an action rise under federal law?
A case arises under federal law if the plaintiff is alleging a right or interest that is substantially founded on federal law, which consists of federal common law, federal constitutional law
How long does a defendant have to argue SMJ?
ALWAYS
in rem jurisdiction
Court jurisdiction over a defendant's property.
in personam jurisdiction
Court jurisdiction over the "person" involved in a legal action
What are limitations in Divorce Cases
Doesn't require the spouse to have been in the state for there to be personal jurisdiction
What is an example of implied consent?
Driving through a state
What is necessary to determine the amount of controversary?
Good Faith Allegation unless it appears in legal certainty that the Plaintiff cannot reach the amount ( ie my Jonas Brothers CD will never be worth $75,000.01)
What is something that has to be proven to show Purposeful Availment?
I designed/advertised a product specifically for the forum state
What is the main takeaway from International Shoe?
International Shoe identified two types of contacts a nonresident defendant can have with the forum 1. those related to controversy (specific jurisdiction) 2. those unrelated to controversy that are of such a value as to justify suit (general jurisdiction)
Does a Defendant's answer determine FQ?
No.
If you take away defendants anticipated defense, and the only thing remaining is a state law cause of action, is it federal question?
No.
How much is the amount in controversy under Diversity?
Over $75,000
What is an example of express consent?
Signing a contract and there is a forum selection clause in the contract
Can a defendant waive personal jurisdiction?
Yes
General Jurisdiction
Exists when a court's authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases.
quasi in rem jurisdiction
Jurisdiction over real or personal property when the lawsuit has to do with personal liabilities not directly associated with the property.
Can consent be implied or express?
Yes
When is Federal Jurisdiction appropriate in state law action?
1) Necessarily raised 2) Actually disputed 3) Substantial; and 4) Capable of resolution in federal court without disrupting the federal-state balance approved by congress
What are the two main reasonableness factors? Hint: Potatoes and Bacon
1) Plaintiff's interest in obtaining relief ( what are damages) 2) Burden on Defendant
What are the motions to dismiss? Hint CONCEIT
1) Subject Matter Jurisdiction 2) Personal Jurisdiction 3) Venue 4) Service 5) Process 6) Failure to state a claim 7) Failure to join a party
What are topic that fall under State?
1. Family law 2. Property 3. Torts 4. Probate
What are the four types of Subject Matter Jurisdiction?
1. Federal Question 2. Diversity 3. Supplemental 4. Removal
What are topics that are exclusively Federal?
1. Immigration 2. Patent 3. Copyright 4. Maritime 5. Plant Variety 6. Trademark
Domicile needs two things:
1. Physically Present 2. Intent to remain there indefinitely
What are objective factors that determine domicile?
voting registration, location of personal and real property, location of financial accounts, membership in unions, employment, tax payments
Stream of Commerce
Merely placing products into the "stream of commerce" will not alone generate sufficient minimum contacts with each of the states the products may reach, unless a defendant has made efforts to market in the forum state or otherwise purposefully availed himself of the state's resources.
Asahi Metal Industry Co. v. Superior Court
Minimum contacts sufficient to sustain jurisdiction are not satisfied simply by the placement of a product into the stream of commerce, coupled with awareness that the product would reach the forum state.
What is Personal Jurisdiction?
does the court have jurisdiction over the person (usually the defendant)
Can federal question jurisdiction exist when the claim is presented under state law?
Yes, but in a small category of cases.
When is diversity determined?
At the time the complaint is filed
How long does a defendant have to argue failure to state a claim or failure to join a party?
Until Trial
What is the subjective factor of determining domicile?
Party's intent
Where is the domicile for a class action?
The domicile is only considered for named members
What domicile is taken in a class action?
The named party
Where is an immigrant's, who has permanent residence in the United States, domicile?
An alien admitted to the United States for permanent residence is deemed to be a citizen of the state in which the alien is Domiciled 28 USC 1332(a)
Stormy Daniels, a citizen of Louisiana has filed a breach of contract action against Trump Inc., in the federal district court in Louisiana seeking $130,000 in damages. Trump Inc., is a New York corporation whose principal place of business is New Orleans, Louisiana. Trump Inc., has filed a motion to dismiss for lack of subject matter jurisdiction. How should the federal court rule on the motion? (A). Deny the motion, because the amount in controversy is met. (B) Deny the motion, because the federal court has subject matter jurisdiction over the action based on its diversity of citizenship jurisdiction. (C) Grant the motion, because the federal court lacks subject matter jurisdiction. (D) Grant the motion because the federal court has discretion to either hear the action or dismiss it.
(C) Grant the motion, because the federal court lacks subject matter jurisdiction.
How to establish minimum contact? Hint: Edward Cullen Eats Scary People
1) Entering into the forum state 2) Contract with a party of the forum state ( typically will have a clause regarding where case has to occur) 3) Effect in the forum state ( knowing my actions will have an effect in the forum state ie writing about Nick Jonas who lives in Texas) 4) Stream of Commerce 5) Property Ownership
What are the types of subject matter jurisdiction?
1) Federal Question 2) Diversity 3) Supplemental
What are the two exceptions for allowing Aggregating circumstances under diversity?
1) In a case in which a single plaintiff seeks to aggregate two or more of his claims (even if unrelated) against a single defendant. [always tested] ( ie One to One) 2) In a case in which two or more plaintiffs unite to enforce a single title or right in which they have a common and undivided interest (rarely tested) ( ie Harry and Will own a castle)
Plaintiff, alleging jurisdiction under 28 U.S.C. § 1331 (federal question) has filed a complaint for violation of his civil rights. He alleges in his complaint that Satan has on numerous occasions caused him misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused his downfall. A court is likely to: (A). Dismiss for insufficient service of process (B). Dismiss for lack of personal jurisdiction (C). Dismiss for failure to state a claim upon which relief can be granted (D). All of the above
(D). All of the above ( ie can't serve Satan)
What are the steps of civil procedure?
1) Complaint 2) Answer 3) Early Motion 4) Discovery 5) Pre-Trial 6) Trial 7) Appeal
What are the ways to determine personal jurisdiction from the get go? Hint: Cars Drive In Cool Bridges
1) Consent 2) Domicile 3) Instate Service or Physical Presence in State 4) Contact with Forum State 5) Doing Substantial Business ( least likely)
How do you determine where a corporation is domicilied?
A corporation is deemed to be a citizen of every state in which it is incorporated and the one state where it has its principal place of business (PPB).
What is a long arm statute?
A statute that allows for a state court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state.
Imagine that Ohio adds a new provision to its long arm statute, specifying that "a defendant is subject to personal jurisdiction in Ohio if the plaintiff resides in the state." Percy, an Ohio citizen, visited Georgia and was in a car accident with Donnor, a Georgia citizen. Donnor has never left Georgia and has no contacts in any other state. Percy returns home to Ohio and sues Donnor in Ohio state court. Donnor is properly served at his home in Georgia. Donnor immediately moves to dismiss the case on personal jurisdiction grounds (i.e., he does not waive the issue). The court should: A. grant the motion because the exercise of personal jurisdiction is unconstitutional. B. deny the motion because the long arm statute authorizes personal jurisdiction, and personal jurisdiction in this case is constitutional. C. deny the motion because, although personal jurisdiction would not be constitutional on these facts, Ohio has authorized personal jurisdiction under its long arm statute D. .grant the motion because personal jurisdiction is not authorized by the long arm statute.
A.
Imagine that during a driving trip from Pennsylvania to Maine, Donald takes a wrong turn and, unbeknownst to him, drives into Vermont. Before Donald discovers his error, he hits Penelope. Penelope sues Donald in Vermont, and Donald moves to dismiss the case for lack of personal jurisdiction. Assuming that Vermont's long arm statute authorizes jurisdiction over the action, the motion should be A. denied, because the case arises out of Donald's contacts in Vermont. B. granted. Personal jurisdiction would be unreasonable in this case, even if Donald's accident is considered to be a contact with Vermont. C. granted. Donald did not purposefully avail himself of the privilege of driving in Vermont because he drove into Vermont by mistake. As a result, he lacked any constitutionally cognizable contacts in Vermont. D. granted. Not only did Donald lack any contacts in Vermont, but the exercise of personal jurisdiction would be unreasonable under the circumstances.
A.
An entrepreneur from State A decided to sell hot sauce to the public, labeling it "Best Hot Sauce." A company incorporated in State B and headquartered in State C sued the entrepreneur in federal court in State C. The complaint sought $50,000 in damages and alleged that the entrepreneur's use of the name "Best Hot Sauce" infringed the company's federal trademark. The entrepreneur filed an answer denying the allegations, and the parties began discovery. Six months later, the entrepreneur moved to dismiss for lack of subject-matter jurisdiction. Should the court grant the entrepreneur's motion? (A) No, because the company's claim arises under federal law. (B) No, because the entrepreneur waived the right to challenge subject-matter jurisdiction by not raising the issue initially by motion or in the answer. (C) Yes, because although the claim arises under federal law, the amount in controversy is not satisfied. (D) Yes, because although there is diversity, the amount in controversy is not satisfied.
A. It arises under Federal Question
Susan Gordon, after growing up in Pennsylvania, goes to Ricks College, in Idaho, planning to get a two-year nursing degree and return to partake nursing in Pennsylvania. Two months after starting school, she files suit in a Pennsylvania federal district court against Dr. Rodriguez, a Pennsylvania citizen who treated her in Pennsylvania for an injury. She claims jurisdiction based on diversity. The court probably: A. lacks diversity jurisdiction, because Gordon is still domiciled in Pennsylvania B. lacks diversity jurisdiction, because the treatment took place in Pennsylvania C. has diversity jurisdiction, because she was living in Idaho when she filed the suit D. would have diversity jurisdiction, if she brought the action in an Idaho federal court
A. lacks diversity jurisdiction, because Gordon is still domiciled in Pennsylvania
Paula, a California citizen, sues David, an Illinois citizen, in federal district court in California. Paula alleges that while she was living in Illinois, David shot off fireworks that set Paula's house on fire. Assume that Paula's claim is based on a state law cause of action and that the alleged damages exceed $75,000. Also assume that David has never set foot in California and that California's long arm statute reaches as far as the Constitution allows. David moves to dismiss for lack of personal and subject matter jurisdiction. Which of the following statements is the most accurate? A. The court cannot hear the case because it lacks subject matter jurisdiction. B. The court cannot hear the case because it lacks personal jurisdiction. C. The court cannot hear the case because it lacks both personal and subject matter jurisdiction. D. The court can hear the case because it has subject matter jurisdiction and personal jurisdiction. E. The court can hear the case because it has subject matter jurisdiction, even though it lacks personal jurisdiction.
B. Because the court lacks personal jurisdiction but has subject matter jurisdiction.
Imagine that Lowell Franklin purchased an insurance policy from the International Life Insurance Company while living in North Carolina and that he moved to California only a week before his death. Assume that the beneficiary of the policy, Lulu McGee, had always lived in California. If the insurance company had no other connection to California, would a California court have authority to exercise personal jurisdiction over the insurance company if the company makes a timely objection? A. No. The California statute does not confer personal jurisdiction in this case. B. No. Personal jurisdiction in this case would probably be unconstitutional. C. Yes. The California statute permits personal jurisdiction in this type of case, because the case involves an insurance policy that covered someone who was a California citizen at the time of death. D. Yes. The statute probably applies here, and its application to this case would be constitutional: Witnesses regarding the cause of McGee's death are in California, and California has an interest in ensuring that one of its citizens recovers on an insurance policy. In addition, Mrs. McGee has an interest in suing in California.
B. California may be a reasonable place to hear this case given that important witnesses live there and the beneficiary of the policy lives there. But without the defendant's purposeful contacts in California, there is probably no personal jurisdiction.
Dr. Doofenshmirtz (Defendant) calls Perry the Platypus (Plaintiff) a Jerk in front of Phineas and Ferb. Plaintiff files an action for defamation and intentional infliction of emotional distress against Defendant in state court. Defendant timely files notice of removal to federal court contending that the First Amendment protects his right to free speech. What result? A. Defendant will remove the case because his cause of action is grounded in federal law. B. Defendant will not remove the case since the existence of a federal defense is insufficient to confer original federal jurisdiction. C. Defendant will remove the case because state courts and federal courts have concurrent jurisdiction. D. Defendant will not be able to remove because federal courts are courts of limited jurisdiction.
B. Defendant will not remove the case since the existence of a federal defense is insufficient to confer original federal jurisdiction.
•Notorious B.I.G. and Faith Evans separated while they were residing in New Jersey. Notorious B.I.G. alleges that Faith Evans shagged Tupac Shakur. Faith denies this, and states that she and Tupac are "just friends". A few months later Faith moves to LA with their daughter. Notorious B.I.G. decides to visit LA to teach Tupac a lesson. While in LA, he stops briefly at Faith's house to visit his daughter. While visiting, Faith serves him with process in a California suit for divorce. Notorious B.I.G. never goes back to Cali again. He files a motion to dismiss for lack of personal jurisdiction. How should the Court rule?
BIG voluntarily went to the state ( not under fraudulent purposes) and in-state service DOES establish contact with forum state
Ariana Grande, a citizen of Florida asserted a state law claim of $80,000 against Tyler Perry, a citizen of Georgia in federal court. Perry has a state law claim against Honey Boo Boo for $90,000 that arose out of the same transaction or occurrence as the original claim. As a result, Perry brought a third party claim against Honey Boo Boo. After learning of the third-party claim, Ariana Grande decided to bring her own state law claim against Honey Boo Boo for $90,000 and amended her original complaint accordingly. Does the federal court have subject matter jurisdiction over Ariana Grande's claim against Honey Boo Boo? A. No, because the amount in controversy is insufficient. B. No, because there is no diversity of citizenship. C. Yes, because the requirements of diversity have been met. D. Yes, because the court has supplemental jurisdiction.
C. Yes, because the requirements of diversity have been met. *Only need Supplemental if the 2nd claim does not qualify under Diversity and FQ
In Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984), Keeton sued Hustler Magazine, a nationally circulated publication, for libel in New Hampshire. Although Keeton was a citizen of New York whose only connection to New Hampshire was that the libelous magazine had been distributed there, she sued Hustler in New Hampshire because it was the only state where the statute of limitations for her claim had not yet expired. Keeton's libel claim alleged damages to her reputation in New Hampshire and nationally, though her damages in New Hampshire were relatively small. What would you expect the Court to say about whether there was personal jurisdiction in this case? A. There isn't personal jurisdiction. Keeton's contacts with New Hampshire were insufficient to give rise to personal jurisdiction there. B. There isn't personal jurisdiction. Hustler's contacts with New Hampshire—and Keeton's damages there—were insufficient to give rise to jurisdiction. C. There is personal jurisdiction. The claim arises out of Hustler's contact with the state of New Hampshire.
C.
The court in Bensusan refers to a hypothetical case in which an irate citizen of New Jersey fires a bazooka at New York, hitting an unsuspecting New Yorker. Imagine that the injured New Yorker sues the New Jersey defendant in New York state court. Assuming that the defendant moves to dismiss the case on personal jurisdiction grounds and that the New York long arm statute is the same as described in Bensusan, the court would probably: A. deny the motion because personal jurisdiction would be constitutional in this case. B. grant the motion because personal jurisdiction would be unconstitutional in this case. C. grant the motion because the long arm statute does not authorize personal jurisdiction in this case. D. deny the motion because the long arm statute applies to these facts, and personal jurisdiction would be constitutional.
C. a New York state court would almost certainly conclude that the long arm statute does not authorize personal jurisdiction in this case because the acts giving rise to the injury did not take place in New York
Penelope buys a hot coffee at a McDonald's in Florida and spills it on herself, causing third-degree burns. Upon returning to her home in Georgia, Penelope sues McDonald's in a Georgia state court for negligence, alleging that the store sold excessively hot coffee and caused her to suffer damages. Assume that the Georgia long arm statute reaches as far as the Constitution allows and that McDonald's is incorporated in Delaware, has its principal place of business in Illinois, and has seventy-five stores in Georgia. If McDonald's moves to dismiss the case on personal jurisdiction grounds, the court will probably: A. grant the motion. Even under the most liberal definition of "arising out of," this case does not arise out of any contact that McDonald's had with Georgia. B. deny the motion. The state court has the authority to hear all state law claims as a matter of subject matter jurisdiction. C. grant the motion. McDonald's has its principal place of business and place of incorporation outside of Georgia, so a Georgia court cannot exercise general jurisdiction in Georgia. And for the reasons set out in A, there is no specific jurisdiction. D. deny the motion, because the court would likely have general jurisdiction over McDonald's in Georgia.
C. Daimler makes clear that the "at home" concept means that general jurisdiction typically exists over corporations only where they are incorporated or have their principal place of business.
Bob Marley, a citizen of New York, files a complaint against Legalize Ganja, also a citizen of New York, in federal court. The complaint consists of two counts: violation of Marley's patent rights and negligence. Marley's patent claim involves his allegation that Legalize Ganja marketed and sold "Bong Hits 4 Jesus" a product that Marley claims he holds a patent for. Marley's negligence claim involves the injuries Marley sustained when he slipped on an icy path on Legalize Ganja's property. Does the court have supplemental jurisdiction over the negligence claim? A. Yes, because the federal court has exclusive jurisdiction over the patent claim. B. Yes, because it is state law claim. C. No, because the two claims do not arise from the same underlying facts. D. No, because it is a state law claim.
C. No, because the two claims do not arise from the same underlying facts.
Lacey Wildd, aka "human barbie", a citizen of West Virginia sues Ganja, a citizen of Jamaica, in federal district court in West Virginia after being knocked down by Ganja in Charleston airport. Ganja was running to the check in gate when he suddenly bumped into Lacey. Lacey alleges that the fall perforated her silicone breasts and broke her hips and she can no longer have sex. She is seeking $100,000 in damages. Convinced that Lacey is exaggerating her injuries, Ganja files a motion to dismiss for lack of subject matter jurisdiction. The federal court A. Will dismiss the case because there is no diversity. B. Will dismiss the case because based on the facts, it is legally certain that Lacey will not recover the jurisdictional amount. C. Will hear the case because it is apparent on the face of the complaint that Lacey can recover the jurisdictional amount and the parties are diverse. D. Will hear the case because there is diversity.
C. Will hear the case because it is apparent on the face of the complaint that Lacey can recover the jurisdictional amount and the parties are diverse.
Suzzy from MA sues Danny from CT, in MA federal district court under diversity for $250,000 in injuries after a car accident. Danny counterclaims against Suzzy for $1,000 in damages to his car. Does Danny's counter claim fall within the court's supplemental jurisdiction? A. No, because federal courts disregard potential defenses and counterclaims. B. No, because it does nor meet the amount in controversy requirement. C. Yes, because it is factually related to Suzzy's claim, even though Danny would not be able to file the $1000 suit in federal court on its own. D. Yes because Danny's counterclaim arises under § 1332.
C. Yes, because it is factually related to Suzzy's claim, even though Danny would not be able to file the $1000 suit in federal court on its own.
Rachel Roy, a citizen of California, sues Beyonce, a citizen of Texas, for defamation, in the appropriate U.S. federal district court. The suit alleges that Beyonce gave Rachel the "evil eye", and called her "Becky with the bad hair" after Rachel was spotted leaving Jay-Z's hotel room one night. Rachel is seeking $100,000 in damages. What result? A. The suit will be heard because it was filed in the appropriate U.S. federal court. B.The suit will be heard because defamation is largely governed by federal law. C.The suit will be dismissed. D. The suit will be dismissed because $100,000 far exceeds the damages Rachel Roy suffered.
C.The suit will be dismissed.
Bode Miller, who lives in NH hit Lindsey Vonn, with a snowmobile while on vacation in Vonn's home state of MN, causing damages in excess of $80,000. Although Vonn has never been to NH, she sued Miller in NH federal district court. Which of the following statements is true regarding Vonn's NH lawsuit? (A)The NH federal court lacks personal jurisdiction over the parties because Vonn has insufficient contacts with NH. (B)The NH federal court is an improper venue because the claim did not arise there. (C)The NH federal court may exercise personal jurisdiction over the parties because Vonn consented to such personal jurisdiction. (D) Vonn waived her claim against Miller by filing it in the wrong forum.
C; Bode would be under the in-state defendant rule, and Vonn consented to NH because she is in the plaintiff
***************After making tons of money in her reality TV gig, Honey Boo Boo decides to move from Georgia to LA California. She intends to permanently reside in LA. While driving through Arizona on her way to LA, her Mercedes c-class coupe, worth $95, 000 is hit by Mario Andretti's car. The Mercedes is totaled. Andretti is domiciled in California. Honey Boo Boo files a diversity suit in the Northern District of Arizona where the accident occurred. Mario Andretti files a motion to dismiss for want of personal jurisdiction. Judgment for whom? A- Honey Boo Boo because a substantial part of the events giving rise to the lawsuit happened in Arizona. B-Mario Andretti since Honey Boo Boo intends to permanently reside in LA, there is neither diversity jurisdiction nor minimum contacts. C- Honey Boo Boo because there is diversity jurisdiction and minimum contacts with the forum state. D.Mario Andretti because bringing the lawsuit in Arizona will offend the traditional notions of fair play and substantial justice.
C; There is minimum contact because the defendant was in the forum state when the accident occurred
Tyler Perry lives and works in Georgia. He brought this suit against "The Gutter Press , Inc.", its local distributing company, and the reporter for libel, invasion of privacy, and intentional infliction of emotional distress. He filed the suit in the Northern District of Georgia. The Gutter Press , Inc is a Florida corporation with its principal place of business in Florida. It publishes a national weekly newspaper with a total circulation of over 5 million. About 600,000 of those copies, almost twice the level of the next highest State, are sold in Georgia. Tyler Perry's claims are based on an article that appeared in The Gutter Press Inc's September 8, 2017 issue. The article alleged that Tyler is a womanizer and fraudster, whose "Madea" movies are "a piece of shit". This characterization has harmed Tyler Perry' s reputation among his peers. The reporter contends that he did most of his research in Florida, relying on phone calls to sources in Georgia for the information contained in the article. He has only made one trip to Georgia. Shortly before publication, the reporter called Tyler Perry's home and read to him a draft of the article so as to elicit his comments upon it. Aside from his one trip and phone calls, the reporter has no other relevant contacts with Georgia. In a motion to dismiss by the reporter on the basis of lack of personal jurisdiction, the court is likely to find A.No jurisdiction because the reporter is not responsible for the circulation of the article in Georgia B.No jurisdiction because he did not purposefully avail himself of the benefits and protections of GA C.There is jurisdiction because he must reasonably anticipate being haled into court in Georgia" to answer for the truth of the statements made in their article. D. There is jurisdiction because venue is proper.
C; there was minimum contact in the forum state ( effect in the forum state by The Gutter Press for writing about someone in Georgia)
Dudley, a Georgia citizen, works in security at an airport in Atlanta, Georgia. While at work, Dudley stops Lucky, a Nevada citizen, who was at the airport for a brief layover during his trip home to Nevada after vacationing in Puerto Rico. During the layover, Dudley confiscated a significant amount of cash from Lucky, who claimed to have won it while gambling at a Puerto Rico casino. Lucky returned home to Nevada without his money, while Dudley filed an affidavit in Georgia as part of an effort to have the money forfeited to the government. Assume that Dudley knew that Lucky was on his way home to Nevada at the time Dudley confiscated the money, and also assume that Dudley knew that Lucky was in Nevada at the time Dudley filed his affidavit.Lucky sues Dudley in Nevada state court, alleging that Dudley's affidavit was knowingly false. Assuming Dudley moves to dismiss the Nevada case on personal jurisdiction grounds, the motion would likely be: A. Denied, because Dudley knew where Lucky lived at the time of the alleged intentional misconduct and was thus purposefully directing conduct to Nevada. B. Denied. Even if Dudley did not know where Lucky lived at the time of the alleged intentional misconduct, Dudley could reasonably foresee that his misconduct at a major national airport could result in harm to travelers in their home states. C. Both A and B are accurate. D. Granted, because Dudley did not purposefully direct any conduct to Nevada.
D
Tony Parker and Eva Longoria were married, but both were cheating on each other. They later divorced. Tony moved to San Antonio Texas and Eva moved to Miami Florida. After a number of years, Eva felt that Tony had cheated her out of a business deal and wanted to sue him. Eva writes to Tony telling him that she is ill and depressed, that she is quitting "Desperate Housewives" her reality TV gig, and would like to discuss some matters with Tony. Tony had never been to Florida and had no need to go there. However, based on the seriousness of Eva's letter, Tony decides to Fly to Miami. When he lands at the airport he see's Eva waiting for him. She does not look ill or depressed. Eva is accompanied by a sheriff, who immediately serves Tony with summons for Eva's lawsuit. Tony Flies back to Texas enraged. Tony hires Counsel who files a motion to dismiss on the basis of lack of personal jurisdiction. The court should A. Grant the motion because a court with jurisdiction over a particular location may exercise in personam jursidiction over a person who resides, maintains connections, or is served notice of legal proceedings in that location. B. Deny the motion because a court with jurisdiction over a particular location may exercise in personam jursidiction over a person who resides, maintains connections, or is served notice of legal proceedings in that location. C. Deny the motion because If the defendant is served with the process while physically in the state, or if s/he is domiciled in the state, general jurisdiction exists. D. Grant the motion because a Defendant cannot be fraudulently induced to enter the state so that the court can have in personam jurisdiction.
D
In Pennoyer, Mitchell sued Neff in the Oregon state court to recover fees for the work that Mitchell had performed for Neff in Oregon. After Neff defaulted, Mitchell asked the court to order the sale of Neff's Oregon real estate in order to satisfy the default judgment. Why did the Supreme Court conclude that the Oregon state court did not have jurisdiction to order the sale of Mitchell's Oregon property? A. Neff was not notified in person about the pending lawsuit. B. Neff was not within the state at the time that the suit began C.A and B both had to be satisfied and were not satisfied in this case. D. The court failed to attach Neff's property before it exercised jurisdiction to resolve Mitchell's claim.
D is the best answer—before a court can exercise in rem jurisdiction, it must first attach the defendant's property.
Trellis Industries is a Delaware corporation with its principal place of business in Delaware. Trellis makes laptop batteries, which are used as components in computers manufactured by Nectarine Computer, Inc., a Delaware corporation with its principal place of business in Massachusetts. Trellis ships its batteries to Nectarine's factory in Massachusetts, knowing that Nectarine incorporates the batteries into its computers for thousands of sales in every United States jurisdiction. Trellis does not send its batteries to any other company; it does not deal directly with Nectarine's customers; and it engages in no other business-related activities outside of the state of Delaware. Eugene (an Idaho citizen) buys a computer from Nectarine, which is shipped to him from Nectarine's plant in Massachusetts. The computer catches on fire, causing Eugene to lose all of his valuable data. Eugene sues Nectarine and Trellis in Idaho state court, alleging that the fire was due to a defective Trellis battery. Trellis moves to dismiss for lack of personal jurisdiction. Assuming Idaho's long arm statute reaches as far as the Constitution allows, which of the following statements most accurately describes what the United States Supreme Court has held in this type of case? A. The Idaho state court has personal jurisdiction over Trellis. B. The Idaho state court would not have personal jurisdiction over Trellis, because Trellis lacks sufficient contacts with Idaho. C. The Idaho state court would not have personal jurisdiction because Trellis lacks sufficient contacts with Idaho and because the exercise of personal jurisdiction would be unfair and unreasonable. D. The United States Supreme Court has left unresolved whether the Idaho state court would have personal jurisdiction over Trellis. E. The United States Supreme Court has left unresolved whether Trellis has sufficient contacts with Idaho, but the Supreme Court has held that the exercise of personal jurisdiction would be unfair in this type of case.
D.
Kanye and Kim K are married and living in LA, California. Kanye applies to Barry Law school in Orlando, FL. He is eager to attend, but Kim hates the South and is dead-set against leaving LA. They have a big argument, Kanye packs his bags, leaves for Florida, and enrolls at Barry Law. He signs a three-year apartment lease near Disney World, changes the registration on his Hummer, registers to vote in FL, and has all his mail forwarded to his Orlando address. Kim remains in LA. Three months later, Kanye files for divorce in the United States District Court for the Middle District of Florida alleging irreconcilable differences. Kanye's divorce petition should be: A. Heard by the district court, on the basis of federal question. B. Heard by the district court, under diversity jurisdiction. C. Dismissed by the district court, because Kim K and Kanye are still married and so cannot be citizens of different states. D. Dismissed by the district court, under the domestic relations exception
D. Dismissed by the district court, under the domestic relations exception
Imagine now that Ohio passes a statute that says that "a defendant is subject to personal jurisdiction in Ohio only if the defendant resides in Ohio." Assume that Ohio repeals its enumerated act long arm statute and repeals all other possible bases for personal jurisdiction. Now imagine that Davis, a Wisconsin citizen, visits Ohio, gets drunk at a bar, and recklessly collides with Percy, an Ohio citizen, while in Ohio. Percy suffers serious injuries and sues Davis in Ohio state court. Davis is served at his home in Wisconsin. Davis immediately moves to dismiss the case on personal jurisdiction grounds. The court should: A. grant the motion because the exercise of personal jurisdiction would be unconstitutional. B. deny the motion because the long arm statute is unconstitutionally narrow. C. deny the motion because personal jurisdiction is constitutional in this case. D. grant the motion because personal jurisdiction is not authorized by the long arm statute. E. both A and D are correct.
D. The court cannot exercise personal jurisdiction because the statute does not authorize it
Imagine that you are a New Mexico citizen and that while traveling in Arizona, you enter a local hardware store looking for a chainsaw. You tell the owner that you intend to bring the chainsaw back to New Mexico, and the owner then sells you the chainsaw. You return to New Mexico, are injured by the chainsaw, and file a lawsuit in New Mexico against the hardware store. Would it be constitutional for the New Mexico court to exercise personal jurisdiction over the store? A. Yes. Because the customer told the store owner where the chainsaw was being taken, the owner directed a contact to New Mexico. B. Yes. Regardless of whether the owner knew where the chainsaw was being taken, the owner should have foreseen that a small product like a chainsaw could be used in a neighboring state. C. No. Although the claim arose out of the defendant's contact with the state, personal jurisdiction would be unfair and unreasonable in this case. D. No. The claim does not arise out of the defendant's contacts with New Mexico. E. Yes. Although the store's contact with New Mexico is indirect, the reasonableness factors overcome the weak contacts that exist.
D. The defendant did not direct the product to New Mexico, and the defendant did not otherwise avail itself of the privilege of doing business in the state.
Pluto files an action against Goofy in state court. Pluto faxes Goofy a courtesy copy of the complaint on October 1, 2013. On October 15, 2013, Pluto serves Goofy with the complaint and summons. On November 13, 2013 Goofy removes the case to Federal court. Pluto opposes contending that Goofy removed more than thirty days after receiving the faxed copy. What result? A.Pluto prevails because Goofy's removal is untimely. B.Pluto prevails because he timely faxed the complaint to Goofy. C.Goofy prevails because he removed the case within one year. D.Goofy prevails because he removed within 30 days of being served with the complaint and summons.
D.Goofy prevails because he removed within 30 days of being served with the complaint and summons. (A case may not be removed on the basis of diversity of citizenship jurisdiction more than one year after it was commenced in State Court)
Instead of bringing her lawsuit in California federal court, Paula files suit in Illinois state court. In this case, however, Paula alleges damages of only $50,000. Assuming the Illinois long arm statute reaches as far as the Constitution allows and David makes all relevant motions to dismiss, the court: A. cannot hear the case because it lacks subject matter jurisdiction. B. cannot hear the case because it lacks personal jurisdiction; even though David is from Illinois, Paula now lives in California and no longer has any contacts with Illinois. C. cannot hear the case because it lacks both personal and subject matter jurisdiction. D. can hear the case because it has subject matter jurisdiction and personal jurisdiction.
D; State Courts AIC is NOT exceeding $75,000
What two types of cases would most likely never go to Federal Court?
Domestic Relations and Probate ( ie they don't want the youth or the dead)
World-Wide Volkswagen Corp. v. Woodson
Foreseeability alone is not sufficient to authorize a state court's assertion of personal jurisdiction over a non-resident defendant that has no contacts, ties, or relations with the forum state.
What is the well-pleaded complaint rule?
If the complaint were well-pleaded, just stating P's claim, without extraneous material, would it be federal? To determine if this is met, ask one question: "Is the plaintiff enforcing a federal right?" If the answer is yes, it's a FQ case. If the answer is no, it is not
What is artful pleading?
It occurs when a plaintiff asserting state law claims attempts to anticipate and refute federal law defenses in the complaint as a means of making the claim to appear to raise federal question or avoids removal by pleading state law claims only in cases that have federal questions
What is subject matter jurisdiction?
Jurisdiction over the type of dispute / cause of action.
Specific Jurisdiction
Jurisdiction that stems from the defendant's having certain minimum contacts with the forum state so that the court may hear a case whose issues arise from those minimum contacts.
Assume under the same facts that Honey Boo Boo brings the suit in the Southern district of Georgia. Andretti files a motion to dismiss for want of personal jurisdiction. Judgment for whom and why?
No Personal Jurisdiction; Georgia has nothing to do with the case and nobody is domiciled there
What are Limitations in Property Actions?
Permit jurisdiction over non resident defendant when the cause of action arises from ownership of the property within the state
What is personal jurisdiction?
Personal jursdiction is the power of the court over the defendants person or property.
What are the steps if the Plaintiff files a case in Federal Court but there is no jurisdiction?
Plaintiff files complaint in Federal Court --> if federal court does not have jurisdiction --> it is dismissed in Federal Court without prejudice --> Plaintiff files case fresh in State Court
What are the steps if a Plaintiff files a complaint in State COurt and the Defendant wants it removed?
Plaintiff files complaint in State Court --> Defendant files a removal to Federal Court --> if the case cannot be heard in Federal Court it is remanded to State Court
Where is the domicile in a partnership?
The citizen of a general partnership is that of each and every general partner, and the citizenship of a limited partnership is that of each and every partner ( ie if Nick and Joe are partners and Nick is from Texas but Joe is from Arizona, the domicile can be either Texas or Arizona for the purposes of the partnership)
Must at least one party be either a natural born or naturalized citizen of the United States for diversity jurisdiction?
Under 1332, Yes.
What is 28 U.S.C. 1332?
The district courts shall have original jurisdiction of all civil actions arising under Constitution, laws, or treaties of the United States
If a person is drifting, where is their domicile: Where I want to move or where I am from?
Where I am from; drifters default back to their original domicile
What is a company's PPB?
Where the corporation's high-level officers direct, control and coordinate the corporation's activities (i.e. its "nerve center") which will usually be the corporation's headquarters
Where is an unincorporated association domiciled?
Wherever its members are domiciled ( ie one member can be from Florida, one member can be from Georgia. If I ( a Floridian) sue Girl Scouts in Fed Court, but one of their members live in Florida - no diversity )
What is the Holmes Test?
Which sovereign lawmaker created the plaintiff's cause of action? State of federal lawmaker/body.
What is the Creation Test?
Who created the law that the plaintiff is relying on?
Must you have both subjective and objective factors to determine domicile?
Yes
Can subject matter jurisdiction be waived?
no you cannot waive subject matter jurisdiction
What are the two types of jurisdiction?
personal and subject matter jurisdiction
