Term
| State Subject Matter Jurisdiction |
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Definition
| A state has general jursidiction over a civil action. |
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Term
| Federal Subject Matter Jursidiction |
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Definition
| A District Court has subject matter jurisdiction over a civil action based on either a federal question or diversity of citizenship. |
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Term
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Definition
| A District Court has original jursidiction over civil actions arising under the Constitution, laws and treaties of the United States. |
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Term
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Definition
| A District Court has original jurisdiction over civil actions where the amount in controversy exceeds $75,000 and is between citizens of different states. |
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Term
| The Well Pleaded Complaint |
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Definition
| The court requires a short, plain statement showing that the plaintiff has a cause of action regarding a substantial federal question. |
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Term
| Factors Determining Federal Question |
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Definition
| Factors that determine federal question are the centrality of federal law to the underlying issue of the claim, congressional intent, and the structural consequences on the courts. |
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Term
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Definition
| The court requires that the citizenship of all the plaintiffs be compltely diverse from the citizenship of all the defendants. |
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Term
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Definition
| The court has personal jursidiction over a defendant based on the defendant's presence, domicile, consent, and minimum contacts. |
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Term
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Definition
| Jursidiction may be exercised over an indvidual by virtue of his presence within the forum state. |
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Term
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Definition
| Jursidiction may be exercised over a person who is domiciled within the forum state. |
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Term
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Definition
| Jursidiction over a party can be exercised by virtue of the defendant's consent, even if she has no contacts whatsoever with the forum state. |
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Term
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Definition
| In order for the court to exercise personal jursidiction that comports with fair play and substantial justice, the defendant must have the necessary contacts with the forum state. |
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Term
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Definition
| A court has general jurisdiction over the defendant such that their contacts are continuous and pervasive. |
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Term
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Definition
| A court has specific jursidiction over a defendant such that their contacts are continuous but limited. The claim must also arise from the defendant's contacts with the forum state. |
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Term
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Definition
| The court may exercise personal jursidiction over a defendant if, by their contacts, they have purposefully availed themselves of the benefits and laws of the forums state. |
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Term
| Forseeability (Purposeful Availment) |
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Definition
| A defendant has purposeful availed themselves to the forum state if it is forseeable that they may be haled into court. |
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Term
| Fair Play and Substantial Justice |
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Definition
| Factors in determining whether the exercise of personal jursidction over a defendant comports with the notions of fair play and substantial justice include the burden of the defendant, the interests of the state in hearing the controversy, and the interest of the plaintiff in bringing their suit within the forum state. |
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Term
| Federal Personal Jursidiction |
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Definition
| A District Court may exercise personal jursidiction over a defendant if service of process was made within the territorial limits of the state in which the District Court sits, or anywhere else permitted by the laws of the state where the Distrcit Court sits. |
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Term
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Definition
| Venue is authorized based on the county or city where the defendant resides. |
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Term
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Definition
| A district court may transfer any civil action to any other district or division where it might have been brought. |
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Term
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Definition
| Citizenship for purposes of establishing diversity jurisdiction is not synonymous with residence, but is rather determined by domicile. |
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Term
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Definition
| Domicile is determined by the last place oh which it was true both that one resided there and that one had the indefinite intent to remain. |
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Term
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Definition
| The mere fact a product finds its way into a state and causes injury is not enough to subject the out of state manufacturer or vendor to person jurisdiction. |
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Term
| Removal for Diversity Cases |
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Definition
| In cases of diversity, a defendant may not remove if he is a citizen of the state where the action is pending. |
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Term
Federal Personal Jurisdiction
(Diversity) |
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Definition
| In claims based on diversity jurisdiction, a federal court may only assert personal jurisdiction that is allowed by the law of the state in which they sit, een if the state law does not go to the limits of due process. |
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Term
Federal Personal Jurisdiction
(Federal Question) |
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Definition
| In claims based on federal question jurisdiction, a federal court may assert jurisdiction over a defendant if it has the sufficient minimum contacts with the state upon which the federal court sits, even though the courts of the state might not have hearda suit against the defendant. |
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Term
Venue
(Based on defendant location) |
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Definition
| In both diversity and federal question cases, venue lies in any district where any defendant resides, so long as, if there is more than one defendant, all the defendants reside in the state containing that district. |
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Term
Venue
(Diverse defendants) |
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Definition
| In both diversity and federal question cases, venue lies in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. |
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Term
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Definition
| The plaintiff has an incentive to choose the court more favorable to her case. To prevent forum shopping, the courts generally apply state law in diversity cases. |
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Term
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Definition
| The federal Constitution, treatises, and constitutional statues always take precedence. |
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Term
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Definition
| In the absence of a federal constitutional or statutory provision on point, federal courts must follow state constitutions and statues. |
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Term
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Definition
| In diversity cases, the federal courts must apply state common law on any substantive issue. |
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Term
| York Outcome-Determinative Test |
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Definition
| In cases based solely on diversity, the outcome of the litigation should be substantively the same as if the matter were tried in state court. |
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Term
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Definition
| Where the state interst in having its policy followed is weak (form and mode) and the federal interest is strong, the court is likely to hodl that the federal procedural policy should be followed. |
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Term
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Definition
| Pursuant to the Rules Enabling Act, the FRCP, when applicable, take precedence over state policy. |
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Term
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Definition
| To determine whether the statute is on point, courts will narrowly construe it to cover those situations that Congress intended them to cover. |
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Term
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Definition
| To establish whether a rule is valid under the REA, courts will determine whether it application will abridge, enlarge or modify the substantive rights of the parties. |
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Term
| Supplemental Jurisdiction over Claims |
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Definition
| The district courts shall have supplemental jurisdiction over all claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III. |
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Term
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Definition
| A counterclaim is compulsory of it arises out of the transaction or occurence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction." |
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Term
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Definition
Pleadings
a) Claims for Relief
1) Short plain statement of jurisdiction
2)entitlement
3)relief
b) Defenses |
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Term
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Definition
Defenses
a)Time to Serve
1) General
A) Defendant's answer
i) 21 days
B) Counterclaim/Cross
C) Reply
b) Motions/Defense
1) SMJ
2)PJ
3)Venue
4) Insufficient process
5) Insufficient service of process
6) Failure to 8
7) Failures to Join 19 |
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Term
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Definition
Counterclaim and Crossclaim
a)Compulsory
1) STOO
b) Permissive
g) Crossclaim Against Coparty
STOO of Original
h) Joinider of Parties
See 19-20
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Term
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Definition
Impleader (Third-Party Pracice)
a) D Joins TPD
1) is or may be liable to it for all or part of the claim against it
2) TPD Claim/Defense
A) Rule 12
B) Rule 13a,b,g
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Term
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Definition
Permissive Joinder of Parties
1) Plaintiffs
a) jointly/severally/alt
b) question of law or fact
2) Defendants
Same |
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Term
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Definition
PJ based on Presence
Based on Minimum Contacts
Based on Tradition
(Split Court) |
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Term
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Definition
| Common Nucleus of Operating Fact |
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