Federal Civil Procedure Terms | Questions And Answers Latest {2024- 2025} A+ Graded |
100% Verified
Does the defendant have sufficient contacts with he forum so that the exercise of personal jurisdiction is
fair and reasonable? - Personal Jurisdiction Test
1. Statutory Step: must fall within a state statute
2. Must satisfy the Constitution - Analysis of Personal Jurisdiction
1. Contact
2. Relatedness
3. Fairness (if specific PJ) - Constitutionality Test for PJ
Rule: The contact must result from defendant's purposeful availment (voluntary act)
Factors: Purposeful availment and foreseeability - Contact (PJ)
Ask: Does the plaintiff's claim arise out of or relate to the defendant's contact with the forum?
If yes--specific PJ
if no-- general PJ - Relatedness (PJ)
1. The claim clearly arises out of the contact if the defendant's contact caused harm to the plaintiff (eg.
car accident where defendant lives in different state)
2. If defendant's has substantial contact with the forum state, relatedness is satisfied if claim merely
related to the defendant's contact with the forum (eg. Carr accident where plaintiff wants to sue
manufacturer) - Relatedness Rules
Means defendant can sued in the firm on a claim that arose in anywhere in the world
To have general PJ the defendant must be:
1. At home in the forum
,a. for persons--domicile
b. for corporation--state where incorporation and principal place of business
2. Must have registered to do business in the state and have appointed an agent for service of process
there - General Personal Jurisdiction
Only if specific PJ
Factors:
1. Burden on the defendant and witnesses
2. State's interest
3. Plaintiff's interest - Fairness (PJ)
As a constitutional matter, notice must be reasonably calculated, under all circumstances, to apprise
interested parties of the action - Notice Rule
1. Summons: formal court notice of suit and timing for response
2. Copy of complaint - Service of Process
A non-party over the age of 18 - Who can serve process?
within 90 days of filing the complaint - When service of process must be served
1. Personal service
2. Substituted service
3. Service on agent
4. State law methods - How to serve process on individual
Can ONLY be done--
1. At the defendant's usual place of abode;
2. With someone of suitable age and discretion (does not have to be related)
, 3. Who resides there - Substituted service
1. Delivering to officer OR managing OR general agent
2. Using state law method in the state where (a) federal court sits or (b) where service is to be made -
How to serve process on business
May ONLY be made by a method permitted by the law of the state in which service is to be made - How
to serve minor or incompetent person
1. Method allowed by international agreement
2. if no agreement--
(a) as directed by American court
(b) method directed by foreign official in response to a letter of request from American court
(c) personal service in foreign country (unless prohibited by law)
(d) Mail sent by clerk (NOT plaintiff) - How to serve parties in a foreign country
Plaintiff mails copy of complaint, 2 copies of waiver, and prepaid measures of returning form
If defendant executes within 30 days service is waived - How to waive service of process
When it is filed with the court - When waiver of service of process is waived
Service is deemed complete when it is mailed - Mailbox rule
1. Right kinds of litigants
2. Amount of controversy exceeds $75,000 - Requirements for diversity SMJ
Diversity of citizenship does not exist if ANY plaintiff is a citizen of the same state as ANY defendant -
Complete diversity rule
Where she is domiciled (can only have ONE domicile) - Citizen of natural person
100% Verified
Does the defendant have sufficient contacts with he forum so that the exercise of personal jurisdiction is
fair and reasonable? - Personal Jurisdiction Test
1. Statutory Step: must fall within a state statute
2. Must satisfy the Constitution - Analysis of Personal Jurisdiction
1. Contact
2. Relatedness
3. Fairness (if specific PJ) - Constitutionality Test for PJ
Rule: The contact must result from defendant's purposeful availment (voluntary act)
Factors: Purposeful availment and foreseeability - Contact (PJ)
Ask: Does the plaintiff's claim arise out of or relate to the defendant's contact with the forum?
If yes--specific PJ
if no-- general PJ - Relatedness (PJ)
1. The claim clearly arises out of the contact if the defendant's contact caused harm to the plaintiff (eg.
car accident where defendant lives in different state)
2. If defendant's has substantial contact with the forum state, relatedness is satisfied if claim merely
related to the defendant's contact with the forum (eg. Carr accident where plaintiff wants to sue
manufacturer) - Relatedness Rules
Means defendant can sued in the firm on a claim that arose in anywhere in the world
To have general PJ the defendant must be:
1. At home in the forum
,a. for persons--domicile
b. for corporation--state where incorporation and principal place of business
2. Must have registered to do business in the state and have appointed an agent for service of process
there - General Personal Jurisdiction
Only if specific PJ
Factors:
1. Burden on the defendant and witnesses
2. State's interest
3. Plaintiff's interest - Fairness (PJ)
As a constitutional matter, notice must be reasonably calculated, under all circumstances, to apprise
interested parties of the action - Notice Rule
1. Summons: formal court notice of suit and timing for response
2. Copy of complaint - Service of Process
A non-party over the age of 18 - Who can serve process?
within 90 days of filing the complaint - When service of process must be served
1. Personal service
2. Substituted service
3. Service on agent
4. State law methods - How to serve process on individual
Can ONLY be done--
1. At the defendant's usual place of abode;
2. With someone of suitable age and discretion (does not have to be related)
, 3. Who resides there - Substituted service
1. Delivering to officer OR managing OR general agent
2. Using state law method in the state where (a) federal court sits or (b) where service is to be made -
How to serve process on business
May ONLY be made by a method permitted by the law of the state in which service is to be made - How
to serve minor or incompetent person
1. Method allowed by international agreement
2. if no agreement--
(a) as directed by American court
(b) method directed by foreign official in response to a letter of request from American court
(c) personal service in foreign country (unless prohibited by law)
(d) Mail sent by clerk (NOT plaintiff) - How to serve parties in a foreign country
Plaintiff mails copy of complaint, 2 copies of waiver, and prepaid measures of returning form
If defendant executes within 30 days service is waived - How to waive service of process
When it is filed with the court - When waiver of service of process is waived
Service is deemed complete when it is mailed - Mailbox rule
1. Right kinds of litigants
2. Amount of controversy exceeds $75,000 - Requirements for diversity SMJ
Diversity of citizenship does not exist if ANY plaintiff is a citizen of the same state as ANY defendant -
Complete diversity rule
Where she is domiciled (can only have ONE domicile) - Citizen of natural person
