CIV PRO MIDTERM EXAM
,CIV PRO MIDTERM EXAM
1. Personal Jurisdiction: Refers to the ability of a court to
exercise power over a particular defendant or item of property.
May be categorized as in personam, in rem, or quasi in rem. The
primary limitations on a court's power to exercise personal
jurisdiction are found in the United States Constitution and state
statutes.
2. Subject Matter Jurisdiction: Limited to that authorized by the
Constitution as implemented by federal statute and decisional law.
In general, it may be categorized as follows:
1. Diversity of Citizenship Jurisdiction; 2. Federal Question
Jurisdiction; 3. Removal
Jurisdiction; 4. Supplemental Jurisdiction
3. Diversity of Citizenship Jurisdiction: Diversity of citizenship
jurisdiction under
28 U.S.C. section 1332 is grounded
, historically in the desire to protect out-of-state parties from local
prejudice. Its main requirement is that there be complete diversity
between opposing parties. Each plaintiff must be of diverse
citizenship from each defendant. Also, the amount in controversy
must exceed $75,000.
4. Federal Question Jurisdiction: Section 1331 presents fewer
specific difficulties. The principal problem in this area is to
determine when an action "arises under" federal law. A secondary
problem is to know what types of actions are within the exclusive
jurisdiction of the federal courts under other specific statutes.
5. Removal Jurisidition: Allows defendants to remove an action
brought in a state court to a federal court if the federal court would
have had original jurisdiction over the action.
6. Supplemental Jurisdiction: The doctrine of supplemental
jurisdiction is codified under section 1367 and includes, under a
single name, the concepts of "ancillary" and "pendent" jurisdiction.
In any form, supplemental jurisdiction allows a federal court to
,CIV PRO MIDTERM EXAM
1. Personal Jurisdiction: Refers to the ability of a court to
exercise power over a particular defendant or item of property.
May be categorized as in personam, in rem, or quasi in rem. The
primary limitations on a court's power to exercise personal
jurisdiction are found in the United States Constitution and state
statutes.
2. Subject Matter Jurisdiction: Limited to that authorized by the
Constitution as implemented by federal statute and decisional law.
In general, it may be categorized as follows:
1. Diversity of Citizenship Jurisdiction; 2. Federal Question
Jurisdiction; 3. Removal
Jurisdiction; 4. Supplemental Jurisdiction
3. Diversity of Citizenship Jurisdiction: Diversity of citizenship
jurisdiction under
28 U.S.C. section 1332 is grounded
, historically in the desire to protect out-of-state parties from local
prejudice. Its main requirement is that there be complete diversity
between opposing parties. Each plaintiff must be of diverse
citizenship from each defendant. Also, the amount in controversy
must exceed $75,000.
4. Federal Question Jurisdiction: Section 1331 presents fewer
specific difficulties. The principal problem in this area is to
determine when an action "arises under" federal law. A secondary
problem is to know what types of actions are within the exclusive
jurisdiction of the federal courts under other specific statutes.
5. Removal Jurisidition: Allows defendants to remove an action
brought in a state court to a federal court if the federal court would
have had original jurisdiction over the action.
6. Supplemental Jurisdiction: The doctrine of supplemental
jurisdiction is codified under section 1367 and includes, under a
single name, the concepts of "ancillary" and "pendent" jurisdiction.
In any form, supplemental jurisdiction allows a federal court to
