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Questions and Answers
Study Notes
Personal Jurisdiction
- Courts' ability to control someone or something
- Fairness is crucial for exercising jurisdiction over a defendant
- Types:
- In rem: Property is the subject
- In personam:
- Domicile: Defendant has permanent residence in the forum state
- Tag: Defendant consents to the jurisdiction by appearing in the state
- Consent: Defendant agrees to do business in the state (e.g., Mallory v. Norfolk Southern, Burger King)
- Long Arm Statute: Allows jurisdiction if other requirements aren't met
- Unlimited jurisdiction: Follows constitutional requirements (due process):
- Minimum contacts with the forum state (continuous and systematic)
- Purposeful availment: Defendant took advantage of the forum state's benefits
- Foreseeability: Defendant anticipated the possibility of being sued in the forum state
- Limited jurisdiction: Activity leading to the suit occurred in the forum state
- Unlimited jurisdiction: Follows constitutional requirements (due process):
Subject Matter Jurisdiction
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Courts' authority to hear a particular type of claim
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Types:
- Federal question: Case arises under the Constitution, U.S. treaty, or federal law
- Plaintiff's claim clearly indicates federal authority
- Must be a substantial federal issue
- Diversity jurisdiction:
- Complete diversity; citizens of different states AND
- Amount in controversy exceeds $75,000. (Legally plausible claim)
- Citizenship determined at filing.
- Federal question: Case arises under the Constitution, U.S. treaty, or federal law
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Supplemental Jurisdiction:
- Allows adding claims that lack subject matter jurisdiction
- Common nucleus of operative fact with the original claim. (Same transaction or occurrence)
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Removal Jurisdiction:
- Transfer of a state court case to a federal court.
- Federal court must have original jurisdiction. (Question of federal law/diversity of citizenship)
- All defendants must agree to removal.
Erie Doctrine
- Apply state substantive law
- Apply federal procedural law
Venue
- Determining the appropriate federal judicial district for a lawsuit.
- Factors: convenience to the parties, location of witnesses/evidence.
- Residence of the defendant
- Location where a substantial part of the claim arose.
- Where plaintiff subject to personal jurisdiction.
- Venue is appropriate if other district could have had jurisdiction.
Discovery
- Process of exchanging information between parties and obtaining relevant evidence
- Scope: Relevant materials.
- Privileges (between attorney and client)
- Protected work product (anticipated litigation)
Summary Judgment
- Motion to end a case if there is no genuine dispute about material facts.
- Burden of showing no dispute is on the party moving for summary judgment.
Preclusion
- Preventing a party from bringing a similar claim or issue in a subsequent lawsuit:
- Claim Preclusion (res judicata): Prevents relitigation of claims that were, or could have been, brought in an earlier lawsuit.
- Issue Preclusion (collateral estoppel): Prevents relitigation of issues that were actually litigated and determined in a prior lawsuit.
Other (Miscellaneous) Topics
- Notice
- Pleadings
- Joinder
- Interpleader
- Intervention
- Process
- Sanctions
- Statute of Limitations
- Jury Trials
- Motions
- Judgment as a matter of law - Taking a case from a jury
- Renewed Motion for Judgment
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Description
This quiz explores the concept of personal jurisdiction, including the fairness essential for courts to exercise control over defendants. It covers the different types of jurisdiction, such as in rem and in personam, along with related principles like minimum contacts and purposeful availment. Test your understanding of key cases and statutes that shape personal jurisdiction.