Podcast
Questions and Answers
What are the two types of personal jurisdiction?
What are the two types of personal jurisdiction?
- In Rem and In Personam (correct)
- Limited and Unlimited
- Federal and State
- General and Specific
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?
- Plaintiff's interest
- Inconvenience to the defendant
- Defendant's income (correct)
- Forum state interest
What is the minimum contact requirement for personal jurisdiction?
What is the minimum contact requirement for personal jurisdiction?
- The defendant must have minimum contacts with the forum state (correct)
- The defendant must have a permanent home in the forum state
- The defendant must have been served with process in the forum state
- The defendant must have consented to jurisdiction in the forum state
Which of the following is NOT a type of subject matter jurisdiction?
Which of the following is NOT a type of subject matter jurisdiction?
Federal courts have unlimited subject matter jurisdiction.
Federal courts have unlimited subject matter jurisdiction.
What is the amount in controversy requirement for diversity jurisdiction?
What is the amount in controversy requirement for diversity jurisdiction?
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.
What is the difference between permissive joinder and compulsory joinder?
What is the difference between permissive joinder and compulsory joinder?
What is the purpose of impleader?
What is the purpose of impleader?
What is the purpose of discovery?
What is the purpose of discovery?
The party that moves for summary judgment bears the burden of proof.
The party that moves for summary judgment bears the burden of proof.
What is the purpose of a jury trial?
What is the purpose of a jury trial?
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.
What is issue preclusion?
What is issue preclusion?
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?
Flashcards
Subject Matter Jurisdiction
Subject Matter Jurisdiction
A court's ability to exercise authority over a claim. Federal courts are limited in the types of claims they can hear. State courts typically have broad subject matter jurisdiction.
Personal Jurisdiction
Personal Jurisdiction
A court's ability to exercise control over someone or something. This focuses on fairness and ensuring a court has sufficient connection to a defendant.
In Rem Jurisdiction
In Rem Jurisdiction
A type of personal jurisdiction where the subject matter of the case is a specific piece of property. The court has jurisdiction over the property itself.
In Personam Jurisdiction
In Personam Jurisdiction
Signup and view all the flashcards
Domicile
Domicile
Signup and view all the flashcards
Tag Jurisdiction
Tag Jurisdiction
Signup and view all the flashcards
Consent Jurisdiction
Consent Jurisdiction
Signup and view all the flashcards
Long Arm Statute
Long Arm Statute
Signup and view all the flashcards
Subject Matter Jurisdiction
Subject Matter Jurisdiction
Signup and view all the flashcards
Federal Question Jurisdiction
Federal Question Jurisdiction
Signup and view all the flashcards
Diversity Jurisdiction
Diversity Jurisdiction
Signup and view all the flashcards
Erie Doctrine
Erie Doctrine
Signup and view all the flashcards
Supplemental Jurisdiction
Supplemental Jurisdiction
Signup and view all the flashcards
Removal Jurisdiction
Removal Jurisdiction
Signup and view all the flashcards
Venue
Venue
Signup and view all the flashcards
Venue Transfer
Venue Transfer
Signup and view all the flashcards
Forum Non Conveniens
Forum Non Conveniens
Signup and view all the flashcards
Service of Process
Service of Process
Signup and view all the flashcards
Complaint
Complaint
Signup and view all the flashcards
Answer
Answer
Signup and view all the flashcards
Counterclaim
Counterclaim
Signup and view all the flashcards
Crossclaim
Crossclaim
Signup and view all the flashcards
Permissive Joinder
Permissive Joinder
Signup and view all the flashcards
Compulsory Joinder
Compulsory Joinder
Signup and view all the flashcards
Impleader
Impleader
Signup and view all the flashcards
Intervention
Intervention
Signup and view all the flashcards
Interpleader
Interpleader
Signup and view all the flashcards
Rule 42
Rule 42
Signup and view all the flashcards
Discovery
Discovery
Signup and view all the flashcards
Motion for Summary Judgment
Motion for Summary Judgment
Signup and view all the flashcards
Jury Trial
Jury Trial
Signup and view all the flashcards
Judgment as a Matter of Law
Judgment as a Matter of Law
Signup and view all the flashcards
Claim Preclusion
Claim Preclusion
Signup and view all the flashcards
Issue Preclusion
Issue Preclusion
Signup and view all the flashcards
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.