Podcast
Questions and Answers
What are the two types of personal jurisdiction?
What are the two types of personal jurisdiction?
Which of the following is NOT a factor considered in determining the fairness of exercising personal jurisdiction?
Which of the following is NOT a factor considered in determining the fairness of exercising personal jurisdiction?
What is the minimum contact requirement for personal jurisdiction?
What is the minimum contact requirement for personal jurisdiction?
Which of the following is NOT a type of subject matter jurisdiction?
Which of the following is NOT a type of subject matter jurisdiction?
Signup and view all the answers
Federal courts have unlimited subject matter jurisdiction.
Federal courts have unlimited subject matter jurisdiction.
Signup and view all the answers
What is the amount in controversy requirement for diversity jurisdiction?
What is the amount in controversy requirement for diversity jurisdiction?
Signup and view all the answers
A plaintiff can always remove a case from state court to federal court.
A plaintiff can always remove a case from state court to federal court.
Signup and view all the answers
What is the difference between permissive joinder and compulsory joinder?
What is the difference between permissive joinder and compulsory joinder?
Signup and view all the answers
What is the purpose of impleader?
What is the purpose of impleader?
Signup and view all the answers
What is the purpose of discovery?
What is the purpose of discovery?
Signup and view all the answers
The party that moves for summary judgment bears the burden of proof.
The party that moves for summary judgment bears the burden of proof.
Signup and view all the answers
What is the purpose of a jury trial?
What is the purpose of a jury trial?
Signup and view all the answers
Claim preclusion prevents a party from relitigating the same claim even if the outcome of the first lawsuit was a consent judgment.
Claim preclusion prevents a party from relitigating the same claim even if the outcome of the first lawsuit was a consent judgment.
Signup and view all the answers
What is issue preclusion?
What is issue preclusion?
Signup and view all the answers
What is the purpose of a motion for judgment as a matter of law?
What is the purpose of a motion for judgment as a matter of law?
Signup and view all the answers
Study Notes
Personal Jurisdiction
-
Courts' ability to control someone or something
-
Core concept is fairness for exercising jurisdiction over a defendant
-
Types:
- In rem: Property is the subject
- In personam:
- Domicile: Defendant maintains permanent home in the forum state
- Tag: Consent if defendant appears and doesn't object
- Consent to do business in the state (Mallory v. Norfolk Southern; Burger King)
- Long Arm Statute: Jurisdiction allowed if no other grounds exist.
- Requirements must satisfy due process:
- Minimum contacts with the forum state (continuous and systematic).
- Defendant's purposeful availment (benefitted from the forum state).
- Exercise of jurisdiction is reasonable.
- Requirements must satisfy due process:
-
Unlimited vs. Limited Jurisdiction:
- Unlimited jurisdiction follows constitutional requirements for due process.
- Limited jurisdiction is more restrictive.
Subject Matter Jurisdiction
- Courts' authority to hear a claim
- Federal courts are limited.
- State courts can hear any case where personal jurisdiction exists.
- Types:
- Federal Question Jurisdiction: Claim arises under the Constitution, treaty, or federal law.
- Plaintiff's claim must clearly raise a federal question.
- It must be the right kind of federal issue (substantial issue or federal cause of action).
- Diversity Jurisdiction: Complete diversity between parties.
- Total amount in controversy must exceed $75,000 (legally plausible to exceed).
- Determining citizenship: Time of filing (permanent residence).
- Individuals: State of domicile
- Corporations: Nerve center (primary place of business, incorporation).
- Supplemental Jurisdiction: Allows adding subject matter related to an original claim.
- Must share common nucleus of operative fact.
- Original claim dismissal might not allow supplemental claim.
- Removal Jurisdiction: Moving a case from state to federal court:
- It could have been filed in federal court originally if both federal question or diversity jurisdiction existed.
- If there are multiple defendants, most agree to removal.
- Defendant is not in the home state. Removal is improper, federal court may remand to the state court.
- Federal Question Jurisdiction: Claim arises under the Constitution, treaty, or federal law.
Venue
- Determining the correct federal judicial district for a suit.
- Convenience is a key factor.
Erie Doctrine
- In diversity cases, federal courts apply state substantive law and federal procedural law.
- When federal law conflicts with state law, federal law controls.
- Substantive law: Defines the allowable claims.
- Procedural law: Governs the methods.
Discovery
- Process where parties exchange information
- Rule 26: Depositions, requests for production, interrogatories, requests for admission.
- Mandatory disclosures: specific information must be disclosed.
- Discoverable material: must be non-privileged and relevant.
- Attorney-client privilege: communication between attorney and client in preparation for litigation is protected.
- Work product: material prepared in anticipation of litigation is protected unless another party needs the material.
Motions
- For summary judgment: No dispute of material fact, only question of law.
- Initial burden of showing no dispute falls on the moving party
- Evidence is weighed with all factors favoring the non-moving party
Preclusion
- Claim Preclusion: Prevents relitigation of a claim already litigated.
- Valid and final judgment on the merits.
- Same parties.
- Same claim (arising from same transaction).
- Issue Preclusion: Prevents relitigation of an issue already decided in a prior case.
- Valid and final judgment on the issue.
- Actually litigated issue.
- Essential to the previous judgment.
- Same parties or those in privity to the parties.
Impleader; Intervention; Interpleader
- Impleader: Defendant adds a third party who might be liable for the original claim.
- Derivative liability.
- Intervention: A non-party can join a legal case as a party.
- Interpleader: Multiple claimants seek to resolve conflicting claims against a single defendant.
Service of Process
- Rule 4: Delivery of legal documents/summons and complaint to defendant.
- Notice must be reasonably calculated to apprise the defendant of the pendency of the lawsuit.
- Constructive and actual notice.
Pleadings
- Complaint: Initial pleading outlining the case's basis.
- Answer: Defendant's response to the complaint.
Jury
- Right to jury trial (7th Amendment).
Sanctions
- Rule 11: Punishes those who bring frivolous claims/defenses.
Other Considerations
- Venue
- Forum Non Conveniens
- Removing Jurors
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the principles of personal jurisdiction, including its core concept of fairness and different types such as in rem and in personam. Learn about the requirements for exercising jurisdiction, including minimum contacts and purposeful availment, as well as the distinctions between unlimited and limited jurisdiction.
