Civil Procedure Final Exam with
Complete Solutions
Subject-Matter Jurisdiction - ANS-Decides "Federal Forum" v. "State Forum"
- Diversity Citizenship
- Federal Question (you have the option of federal)
Diversity Jurisdiction Requirements - ANS-1. Amount in Controversy: P's Claim more
then $75,000. Claim must be made in "good faith"
2. Complete Diversity: "Across the V", no plaintiff can reside int he same state as any
defendant.
When does Diversity Jurisdiction apply? - ANS-When a plaintiff sues a defendant in
federal court, and there is no federal claims/cause of action. If there is no federal law in
the case, the only way they can be in the federal law is through DIVERSITY. (Amount in
Controversy/Complete Diversity)
Federal Question Jurisdiction - ANS-If there is any FQJ it can be heard in federal court,
but it still doesn't have to be. Even if there is diversity it can still be heard in state court,
FQJ just gives you the option to go to federal.
Well-Pleaded Complaint Rule - ANS-In determining whether there is federal question,
we look at the plaintiffs complaint, nothing else. Even if plaintiff has federal defense or
counter claim, what determines FQJ is determined by the plaintiffs cause of action.
- Cause of action CANNOT be a state law action w/ anticipation of a defense of a
federal action/law.
-DOESNT matter if there is a "federal ingredient", if cause of action is based on STATE
LAW, there is NO FQJ.
-The "SUBSTANTIAL CONNECTION" between the defendant and the forum state
necessary for finding of minimum contacts must come about a Persons contact with the
state and why they are being sued there. HAS TO BE THIS SUBSTANTIAL
CONNECTION
-Ask: Whether the contacts with the forum state is why you are being sued there?
, Stream of Commerce (ONLY really works in SPJ) - ANS--ONLY APPLIES when product
malfunctions in "Forum State".
-Foreseeability: placement of a product into stream of commerce alone ISNT Sufficient
for PA NEED intent/purpose to serve the market in the "forum state"
EXAMPLE: advertising, marketing, designing product
-"SUBSTANTIAL CONNECTION" between D and forum state necessary for
establishing "minimum contacts" must come about by "An action of the defendant
purposefully directed towards the forum state.
2) General Personal Jurisdiction - ANS--Defendant must have "CONTINUOUS AND
SYSTEMATIC" contacts with forum state.
*This is a much higher threshold then Specific.
-Basically because there is no link between your connections with the forum state and
the reason your being sued. Its fair to sue you there for anything because YOU HAVE
SO MANY CONTACTS THERE.
Principle Place of Business - ANS-"Nerve Center Test"- Location of corporations
decision making authority and overall control.
Internet Jurisdiction - ANS-Zippy Scale:
1) Passive Websites
2) Active Websites
1) Passive Websites - ANS-Electronic billboard, does nothing but provide information to
the consumer, it is only an ad, no ability for the consumer to engage in any activity
except for looking. Passive websites are generally not found to create jurisdiction.
*MIUCH LESS LIKELY TO CONSTITUTE PA
2) Active Websites - ANS-A company or proprietor is selling his goods over the internet.
It is like a virtual store in every state. Only specific jurisdiction is exercised in these
cases; it does not mean there are sufficient contacts to subject the defendant to
jurisdiction everywhere.
*MIUCH MORE LIKELY TO CONSTITUTE PA
"Calder effects test" - ANS-To satisfy the test the defendant "must have (1) committed
an intentional act, which was (2) expressly aimed at the forum state, and (3) caused
harm, the brunt of which is suffered and which the defendant knows is likely to be
suffered in the forum state."
"Consent" to Personal Jurisdiction - ANS-Three types:
Complete Solutions
Subject-Matter Jurisdiction - ANS-Decides "Federal Forum" v. "State Forum"
- Diversity Citizenship
- Federal Question (you have the option of federal)
Diversity Jurisdiction Requirements - ANS-1. Amount in Controversy: P's Claim more
then $75,000. Claim must be made in "good faith"
2. Complete Diversity: "Across the V", no plaintiff can reside int he same state as any
defendant.
When does Diversity Jurisdiction apply? - ANS-When a plaintiff sues a defendant in
federal court, and there is no federal claims/cause of action. If there is no federal law in
the case, the only way they can be in the federal law is through DIVERSITY. (Amount in
Controversy/Complete Diversity)
Federal Question Jurisdiction - ANS-If there is any FQJ it can be heard in federal court,
but it still doesn't have to be. Even if there is diversity it can still be heard in state court,
FQJ just gives you the option to go to federal.
Well-Pleaded Complaint Rule - ANS-In determining whether there is federal question,
we look at the plaintiffs complaint, nothing else. Even if plaintiff has federal defense or
counter claim, what determines FQJ is determined by the plaintiffs cause of action.
- Cause of action CANNOT be a state law action w/ anticipation of a defense of a
federal action/law.
-DOESNT matter if there is a "federal ingredient", if cause of action is based on STATE
LAW, there is NO FQJ.
-The "SUBSTANTIAL CONNECTION" between the defendant and the forum state
necessary for finding of minimum contacts must come about a Persons contact with the
state and why they are being sued there. HAS TO BE THIS SUBSTANTIAL
CONNECTION
-Ask: Whether the contacts with the forum state is why you are being sued there?
, Stream of Commerce (ONLY really works in SPJ) - ANS--ONLY APPLIES when product
malfunctions in "Forum State".
-Foreseeability: placement of a product into stream of commerce alone ISNT Sufficient
for PA NEED intent/purpose to serve the market in the "forum state"
EXAMPLE: advertising, marketing, designing product
-"SUBSTANTIAL CONNECTION" between D and forum state necessary for
establishing "minimum contacts" must come about by "An action of the defendant
purposefully directed towards the forum state.
2) General Personal Jurisdiction - ANS--Defendant must have "CONTINUOUS AND
SYSTEMATIC" contacts with forum state.
*This is a much higher threshold then Specific.
-Basically because there is no link between your connections with the forum state and
the reason your being sued. Its fair to sue you there for anything because YOU HAVE
SO MANY CONTACTS THERE.
Principle Place of Business - ANS-"Nerve Center Test"- Location of corporations
decision making authority and overall control.
Internet Jurisdiction - ANS-Zippy Scale:
1) Passive Websites
2) Active Websites
1) Passive Websites - ANS-Electronic billboard, does nothing but provide information to
the consumer, it is only an ad, no ability for the consumer to engage in any activity
except for looking. Passive websites are generally not found to create jurisdiction.
*MIUCH LESS LIKELY TO CONSTITUTE PA
2) Active Websites - ANS-A company or proprietor is selling his goods over the internet.
It is like a virtual store in every state. Only specific jurisdiction is exercised in these
cases; it does not mean there are sufficient contacts to subject the defendant to
jurisdiction everywhere.
*MIUCH MORE LIKELY TO CONSTITUTE PA
"Calder effects test" - ANS-To satisfy the test the defendant "must have (1) committed
an intentional act, which was (2) expressly aimed at the forum state, and (3) caused
harm, the brunt of which is suffered and which the defendant knows is likely to be
suffered in the forum state."
"Consent" to Personal Jurisdiction - ANS-Three types:
