– Outline cases, rules,statutes
– Rules-
o 12b1- lack of subj matter jurisdiction
o 12(b)(2)- lack of personal jurisdiction
o 12b3- improper venue
o 12h1 special appearance
o 12h3- lack of subj matter jurisd explanation
o Whenever you rbing up 12h1 you bring up 12b2, lack of pj
o 12h3 need to be brought up at the same time with subj matter jurisd 12h1
o Rule 4d-waiving seriice
o 4f- serving individual in foreign country
o 4k- territorial limits of effective service
o 4k1- know serving summons, physically giving it.
§ 4k1a-long arm statute
§ 4k1b- 100 mile rule.. cant be served more then 100 miles you automatically have jurisdiction
§ 4d2- failure to waive.. court must impose in the defendant.
· Stick and carat.. court needs to do is the stick.
§ 4d3- time to answer a waiver.. the carat.. cause its an incentive.
o 13 counterclaim and cross claim
o 14 third party practice
§ 14a when a D party may bring in a third party
· 14a1- timin of summons and complaint
o 18- joinder claims
o 20- permissive joinder parties- persons who may join
– Statutes
o 28 USC- you need to put that on the exam
§ 1331- federal question under subj matter jrs
§ 1332- diversity of citizenship
· 1332a- value >75K
§ 1333- admiralty maritime and prize cases
§ 1367- supplemental jurisd
§ 1441- removal- who can remove
§ 1446- procedure for removal
§ 1447- procedure after removal
§ 1391-venue
§ 1404- change of venue
§ 1406- waiver of defects
– Know aleniage jurisd graph it out
– Chart aggregate amount- she tests major on it for multiple choice
– Know the residency chart
– State Judicial Sysytem
o Series of trial courts
o Intermediate appellate courts
o A court of last rest
– Summary judgment
– Venue rules focus on the location of the parties and the events giving rise o the dispute to identify those judicial districts in which the action may conveniently be pursued
§ Rules of convenience that further determine the proper court that may hear a case within a judicial system.
– In rem- determining the status of a thing, like a title
o A court exercising in rem jurisdiction has power only over the property and its disposition
§ The court lacks power over any of the property’s owners
§ Decree- judicial decision
– Quosi in rem- when the suit is not related to the title of the house.
– In personam- determining the personal rights and obligations of the parties
– Domicile- the place at which a person lives and plans to stay
– Personal Jurisdiction- authority of court to exercise power over indivual or entity and adjudicate their rights.
§ One who voluntarily shows up to court is consenting to he jursd of court
§ Non-resident plantiffs by filing their claims with a court may be regarded as having consented to the jurisdiction of the court for any claims that may be filed against them within the same proceeding
§ Serving a summons or filing a waiver of service establishes a personal jurisdiction over a defendant who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located.
· Collateral attack- D takes no action and ignores the suit then it results in default judgement then D says that the state had no jurids over D
o He didn’t file an objection because he wasn’t aware of the suit
§ Execution- putting into effect
§ Attachment- seizing of a persons property to secure judgment or to be sold in satisfaction of a judgment
§ Ex parte- proceeding infront of a judge
o Presence: Pennoyer v Neff, no PJ out of state
§ In personam jurisd- courts jurisd in an action against the party
§ In rem- status of property
§ Quasi in rem- when the suit is not about the actual title
o Specific Jurisd- min contacts
· Hess- implied consent
o Driving on state roads
o As long as it does not offend traditional notions of fair play and substantial justice
o due process- the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private right, including notice and the right to a fair hearing before a tribunal with the power to decide the case.
o
· International shoe
o Min contacts analysis
o “presence” is used to determine a business/person’s activities, in addition to potentially their residence and/or activity within the jurisdiction in question. Rule of internation shoes
o
· Mcgee Rule: if the business has a contract with someone in another state then it now has minimum contacts with the other state.
· WWVW Rule: The party’s contacts with the state must be such that maintenance of the suit does not offend traditional notions of fair play and substantial justice. The relationship between the party and the state must be such that it is reasonable to require the corporation to defend the particular suit which is brought there.
o Pupose of due process is to protect the D against burdens of
· Forum selection clause- in a contract with a conflict of laws element the parties to agree that any litigation resulting from that contract will be initiated in a specific forum
· Choice of law- identifies the law that will govern disputes arisin under the contract and say nothing about the forum in which such a dispute must be litigated
– Subject Matter Jurisd- hearings over the types of cases
§ Subj matter determines whether the case may or must be brought in fed court, may be removed from fed, and properly bought in fed
o Fed courts- limited jurisdiction
o State courts- general jurisdiction involving any subject even fed law
o 12-b1 (motion to dismiss)
o S1332 Diversity Juris gives the power to fed courts to hear cases from citizens of different states and cases involving us citizens and aliens through the fed statute
§ Need to Exceed 75K
§ Diversity in citizenship
· Time of filing rule
· Collusive joinder
§ Complete diversity
· Citizen of different states
· Cit of a stat and cit or subject of a foreign state
· Cit of a different state and in which cit or subj of a foreighn state are additional parties
· A foregn state, defined in section 1603 of this title as plantiff and cit of a state or of a dif state
– Minimum diversity- where parties form the same state are on both sides of the dispute so long as there are adverse parties who are not co-citizens.
– Diversity of citizenship is determined at the time of filling.
o Time of filling rule- subsequent changes in cit by the parties that result in the destruction of complete div do not undermine diversity jurisdiction so long as jus was proper at the time the action was filed.
§ Exception to the rule is when a dispute lacked complete diversity and a party and the jurisdiction turned to complete once one party that caused the partial div was dismissed.
o Collusive joinder- Efforts to manipulate the citizenship of the parites in an effort to create diversity by improperly or collusively joining such parties in an suit is prohibited.
