###CIV PRO###

Defendant is present in the state and served with process

Defendant has sufficient contacts with the state

Defendant is domiciled in the state

Defendant is a US citizen

Defendant consents to jurisdiction

• Contacts
• Defendant must have had mimum contacts with the forum such that the exercise of juridiction would be fair and reasonable

• Fairness
• Furthermore, the exercise of jurisdiction must not offend the tranditional notions of fair play and substantial justice .

• Notice
• Lastly the defendant must recieve notice with and have a chance to appear and be heard.  

Defendant must exibit purposeful availment of the protection of the states laws

• Defendant must know or reasonably anticipate that activities will make it
• Forseaeble that she may be hauled into court

Claim is related to the defendants contacts with the forum (Specific Jurisdiction)

Defendant engages in systematic and continous activity in the forum state such that the defendant essentially at home therein (general jurisdiction). This cannot be based on mere purchases or sales but must be based on presence. 

Permanent home

Intent to return or remain there

A corporation has two citizenships:

1. A corproation is deemed a citizen of every state that it is incorporated in

2. And where its principle place of business is located 

Under a supplemental jurisdiction statute a claim may have jurisdiction even if it is not a federal question or a meet diversity requirements if it has a Common Nucleus of Operative Fact. 

However, supplemental jurisdiction may never be used to overide complete diversity.

 There are also certain situations that supplemental jursidiction may not be used. 

1. When it would defeat the complete diversity requirement 

2. Claims by Plaintiffs against:

         a. Impleaded Parties

         b. Compulsory or permissibly Joined Parties (if unable     to join compusory party this could lead to dimissal)

4.  By parties who are to be compulsorily joined as plaintiffs

5. By persons seeking to intervene as plaintiffs  

Amount is determined by plaintiff's good faith allegation (includes attorney's fees)

Plaintiff may aggregate amount of all his claims against the defendant or if multiple defendants are jointly and severally liable

Counterclaims do not count  

If there is no conflict between federal and state law, federal law will be used procedurally and state law will be used substantively. 

If there is a conflict, then if there is an arguably procedural federal directive on point, federal law will apply. 

If not, court will examine whether the choice of law is outcome determinative or whether the plaintiff was forum shopping, in which case law will be applied.  

A civil action arising under the Constitution, federal laws, or treates appears as part of the Plaintiff's cause of action. 

Pendent claims and 

Pendant parties

even though they do not have federal subject matter jurisdiction if they arise out of the same nucleus of operative fact 

Any defendant resides if al defendants reside in the same state 

A substantial part of the events giving rise to the claim occured

If no proper venue based on the above, then venue is proper anywhere the defendant is subject to personal jurisdiction.  

Individuals: domicile 

Business Entities: anywhere the entity is subject to personal jurisdiction - (long arm statute: act, consent, presence and service, this is not the same for determing diverstiy)   

It is the defendant attempting to remove and:

1. The case could have originally been filed in federal court (fed. question or diversity) 

2. And if diversity, no defendant is a citzen of the state where the action is filed  

Court will determine if a diversity basis if by a preponderance of the evidence the plaintiff's claim is worth more than 75k. If not district court will keep the claim case in state court. 

The defendant must make the notice of removal 30 days after he recieves notice.

  

Proper service is made by anyone over the age of 18 who is not a party to the case. Should be made to  the person byu aternatively may be mailed or left at the house. 

• Out of state service is proper when:
• A. 100 miles from the court 
• B. Permited by federal statute: impleader
• C. If federal question anywhere if the defendant has Sufficient contacts with the US. 
•  

• 1. The grounds for federal pleading 
• 2. A short statement of the claim showing that the pleader is entitled to relief
• 3. A demand for judgmeent or relief  

Compusory counterclaim. Arises out of the same tranaction or occurence. Must be pleaded or it is barred. Supplental jurisdiction applies here. 

Permissive counterclaim. May be pleaded but does not have to be. 

 

Compusory and 

Permissive  

Should the absentee be joined? (complete relief without him? will his absence impair ability to protect his interst? Will his absence leave other parties with risk of multiple or inconsistent obligations?)

Can the absentee be joined? (if personal jurisdiction will joinder destroy complete diversity?)

• Should action proceed without the absentee? (extent of prejudice, can it be minimized, adquacy of judgment without absentee)
•  

Claims arises out of same series or occurences or 

Ther eis a common wquestion of fact or law common to all parties  

Numerosity of class such that individual actions impracticable

Common questions of law or fact to the class

Named parties interests are typical of the class

Named parties adequately represent the interests of the absent members and:

• a. seperate actiosn would create risk of inconsistent results
• b. injunctive relief is appropriate for the class as a whole or
• c.  common questiosn predominate 

When a final judgment on the merits has been rendered on a particualr cause of action 

Plaintiff is barred from trying same case again later 

 

Judgment for plaintiff or defendant is conclusive in a subsquent action on a diferent cause of action as to 

issues actually litigated and essential to the judgment of the first action. 

no geniune issue of material fact

"Abode, Waiver, Agent Service, State Methods, Personal"

New venue proper based on subject matter jurisdiction + discretion

Automatic prompt disclosure

Attorney's mental impression never; all else - showing

When there is no genuine issue of material fact - the burden to prove this is on the moving party

Insufficient evidentiary basis + No reasonable jury could find for that opposing side 

Parties are barred from relitigating claims or issues which they have already fully and fairly litigated

"Only final orders, except partial or controlling legal issues (interlocutory order)"

• "SoL are traditionally procedural, except if told of 'borrowing statute' -> use shorter time limit, looking at both forum and other state. If applying another state's law which creates substantive right, use that SoL."
• Modern trend to treat SoL as substantive