Civil Procedure I Outline

SUBJECT MATTER JURISDICTION
I          Nebraska State Court
1         24-302
A        District Courts have and exercise general, original, and appellate jurisdiction in all matters, both civil and criminal, except where otherwise provided
2         24-517
A        County Courts à 51,000 or less
3         Small Claims Courts have jurisdiction of civil matters where the amount in controversy is under 2,700 (adjusted every 5 years by Supreme Court
II       Diversity Jurisdiction (1332: diversity of citizenship; amount in controversy; costs)
1         (a) The district courts shall have original jurisdiction of all civil actions where the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
A        (1) citizens of different States
B        (2) citizens of a State and citizens or subjects of a foreign state;
C       (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
D       (4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States
Þ    citizens or subjects of a foreign states [alien v. alien] v The constitution does not allow for this, but Congress has allowed it
E        FOR PURPOSES OF THIS SECTION, AN ALIEN ADMITTED TO THE UNITED STATES FOR PERMANENT RESIDENCE SHALL BE DEEMED A CITIZEN OF THE STATE IN WHICH SUCH ALIEN IS DOMICILED
Þ    Only applies to:
v 1332
v 1335
v 1441
2         Key Points:
A        Complete Diversity: All of the plaintiffs must be citizens of different states than all of the defendants
B        Diversity is determined at the time of filing
C       Citizenship for diversity purposes is determined by an individuals domicile
Þ    Definition: Domicile is residence coupled with the intent to make the residence one’s home (i.e. remain there indefinitely)
v Intent by itself does not determine domicile (some action is required)
·         Examples of Action:
1.       Drivers License
2.       Current Residence
3.       Voter Registration
4.       Past Voting Record
5.       Location of Bank Accounts and Property
6.       Memberships
7.       Auto Registration
3         (c) The domicile of descendant matters for citizenship purposes
4         Corporations1332(c)(1)
A        A corporation is a citizen of ANY state by which it has (1) been incorporated AND of the state where it has its (2) principle place of business
Þ    The Process for Principle Place of Business: (ONLY ONE PPB IS DETERMINED)
v Place of Operations Test: This is where the substantial predominance of activities occurs
·         If there is not a substantial predominance, then the nerve center test is used
1.       Nerve Center Test: Corporate Headquarters / Administrative Test
5         Partnerships
A        Citizenship for partnerships is determined by the citizenship of EACH partner (different from corporations)
6         Amount in Controversy
A        Standard
Þ    The claim submitted by the plaintiff must be in good faith
Þ    If the plaintiff’s amount claimed is apparently incorrect and unjustifiable, then the complaint can be dismissed
Þ    The party invoking diversity jurisdiction has the burden of proof
Þ    The plaintiff must set forth facts to show that s/he would be entitled to damages over $75K
v The plaintiff is given the benefit of the doubt, unless it can be shown to a legal certainty that the plaintiff cannot recover at least the jurisdictional minimum
·         Policy: There is a liberal standard, because the courts want to avoid turning the case into a trail on the merits of the amount in controversy
B        1332(b): if a plaintiff is awarded less than the jurisdictional minimum, then the plaintiff may have to pay costs
7         Aggregation
A        Definition: When there are multiple claims, the plaintiff can aggregate the value of their claims to reach the amount in controversy requirement
Þ    Aggregation is not a possibility when there are multiple plaintiffs and/or defendants
III     Federal Question Jurisdiction (1331)
1         The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States
A        A case arises under federal law for purposes of 1331 when:
Þ    Federal law creates the cause of action OR
Þ    The resolution of a State cause of action depends on the resolution of a substantial and disputed issue of federal law
v State law claim using federal law to prove one or more of the elements
v The mere presence of a federal issue in a State-created cause of action is not sufficient
·         Question: Does the interest of the federal government warrant the case being heard in federal court?
B        How to determine federal question jurisdiction:
Þ    Look at the well-pleaded complaint
v The federal issue must appear on the face of the plaintiff’s well-pleaded complaint
v Anticipating a defense based on federal law is not sufficient to create federal question jurisdiction
CONCURRENT V. EXCLUSIVE JURISDICTION
I          Definition: State courts have concurrent jurisdiction in most cases. Federal courts have exclusive jurisdiction in a limited number of cases, such as federal criminal, antitrust, bankruptcy, patent and copyright, admiralty cases, and suits against the U.S. government
1         Concurrent: Just because a plaintiff has a federal claim, does not mean that the plaintiff has to file in federal court. Cases based upon federally created rights can be heard in state court OR in federal court
A        Congress can rebut concurrent jurisdiction when:
Þ    (1) there is a specific statutory directive [most likely] v “the federal district courts shall have original jurisdiction of any civil action arising under any act of Congress.”
Þ    (2) there is unmistakable implication from legislative history
v Did Congress even consider where the case should be heard when enacting the legislation?
Þ    (3) there is a clear incompatibility between federal interests and state court jurisdiction—no known cases have turned on this point
SUPPLEMENTAL JURISDICTION
I          Supplemental Jurisdiction: 1367(a) & (b): If federal court has original jurisdiction over a claim, then it can assert jurisdiction over all the claims that arise out of the same operative facts
1         (a): In any civil action where the federal district court has original jurisdiction (federal question or diversity) over one claim in a multi-claim case, then the court can assert supplemental jurisdiction over any claims that arise out of the same transaction as that original claim
A        (a): Includes claims that involve the joinder or intervention of additional parties
2         (b): In any civil action of which the district courts have original jurisdiction founded solely on diversity of citizenship, the district courts SHALL NOT have supplemental jurisdiction o