Georgia Bar Review
Federal Personal Jurisdiction (2 steps) - ANS -- Satisfy a state statute AND
- Satisfy the Constitution (Due Process)
In Personam Jurisdiction - ANS -P sues to impose a personal obligation on D
- Statutory Analysis- each state is free to have its own statutes for in personam
jurisdiction
- Constitutional Analysis- does D have "such minimum contacts with the forum so
jurisdiction does not offend traditional notions of fair play and substantial justice"
Constitutional Analysis of Personal Jurisdiction - ANS -Contact
- Contact must result from purposeful availment of D's voluntary act
- It must be foreseeable that D could get sued in the forum
Relatedness
- Specific PJ- where the claim arises from D's contact with the forum
- General PJ- D must be at home in the forum
Fairness (only assessed in Specific PJ cases only)
- Burden on D and witnesses- D must show that jurisdiction puts her at a severe
disadvantage in the litigation (relative wealth of the parties is not determinative)
- State's Interest- the forum state may want to provide a courtroom for its citizens who
are allegedly being harmed by out-of-staters
- P's Interest- maybe injured and wants to sue at home
Federal Domicile of Organizations - ANS -Corporations- domiciled where incorporated
and where it has its principal place of business
Unincorporated Association (partnership or LLC- citizenship of all of its members
Federal Domicile of Decedents, Minors, or Incompetents - ANS -- Such person must be
sued through a representative
- Use the citizenship of the minor, decedent, or incompetent, because the rep's domicile
is irrelevant
"Tag" Jurisdiction - ANS -Subject to state's jurisdiction if D is served with process while
in the forum state
In Rem and Quasi In Rem - ANS -Power over D's property in the forum
,- Must be attached by the court at the outset of the case
- D's contacts with the forum must still meet the constitutional test applied
(Contacts/Relatedness/Fairness)
Cases Exclusive to Federal Court Jurisdiction - ANS -- Patent infringement
- Bankruptcy
- Some federal securities and antitrust claims
Diversity of Citizenship and Alienage Requirements for SMJ - ANS -- The case is either
(a) between citizens of different states or (b) between a citizen of a state and a citizen of a
foreign country AND
- The amount in controversy exceeds $75,000
Complete Diversity Rule - ANS -No SMJ if any P is a citizen of the same state as any D
Domicile of a Human - ANS -- Physical presence AND
- The intent to make that your home permanently or for an indefinite time
When do you Test for Diversity of Citizenship - ANS -When the case is filed
Diversity Jurisdiction Amount in Controversy - ANS -- Whatever the plaintiff claims in
good faith is OK unless it is clear to a legal certainty that she cannot recover more than
$75,000
- P who wins less than $75,000 in federal court may be required to pay D's litigation costs
Aggregating Claims in SMJ - ANS -- Aggregate the claims of any one P against any one
D, regardless of whether they are related
- When suing joint tortfeasors, use the total value of the claim
Equitable Relief and SMJ - ANS -Either view will get claim into federal court
- Does the damage to the plaintiff amount to more than $75k
- Would it cost D more than $75k to comply with the relief
Cases Federal Courts May Not Hear - ANS -- Divorce
- Alimony
- Child Custody
- Estate Probate
Federal Question Cases and SMJ - ANS -P's claim itself must arise under federal law
Is P enforcing a federal right?
- If yes, case gan go to federal court
- If no, case cannot go to federal court
,Additional Claims in SMJ - ANS -Each claim must be tested as to whether it will have
diversity or FQ to get into federal court
Supplemental Jurisdiction - ANS -- The claim we want to get into federal court must
share a common nucleus of operative fact with the claim that invoked federal SMJ
- BUT in diversity cases only, additional claims asserted by plaintiffs cannot be brought
in under supplemental jurisdiction
Removal to Federal Court - ANS -- D can remove a case that meets the requirements for
diversity of citizenship or FQ
- D must remove within 30 days of service of the first paper that shows the case is
removable
- All Ds that have been served with process must join in the removal
- P can never remove
EXCEPTIONS (for diversity only)
- No removal if any D is a citizen of the forum (unless instate D is dismissed early) AND
- No removal more than one year after the case was filed in state court (unless bad faith
by P)
Procedure of Removal to Federal Court - ANS -- D files a "notice of removal" in federal
court, stating grounds of removal
- D attaches all documents that were served on her in state action
- Serves a copy of the notice of removal on adverse parties
- Then files copy of notice of removal with the state court
Remand to State Court - ANS -- If P thinks removal was improper for any reason other
than lack of SMJ, then must move to remand no later than 30 days after notice of removal
was filed in federal court
- If P thinks removal improper due to lack of SMJ, may move to remand at any time
Erie Doctrine - ANS -STEP 1
Is there some federal law on point that directly conflicts with state law
- If so apply federal law as long as it is valid
STEP 2
If no federal law on point, the federal judge must apply state law if the issue to
determined is substantive
- Elements of a claim or defense; statute of limitations; rules for tolling statutes of
limitations; and conflict (or choice) of law rules
STEP 3
If no federal law on point and the issues is not one of the four, federal judge must
determine whether rate issue is substantive (factors)
, - Outcome determinative- would applying or ignoring the state rule affect the outcome of
case
- Balance of interests- does either federal or state system have strong interest in having
its rule applied
- Avoid forum shopping- if the federal court ignores state law on this issue, will it cause
parties to flock to federal court
Venue - ANS -P may lay venue in any district where
- All defendants reside (or where any D resides if all Ds are in the same forum state) OR
- A substantial part of the claim arose
Transfer of Venue - ANS -- The transferee must be a proper venue and have PJ over the
defendant
- Transferee must be proper without waiver by D
- Court can transfer to any district if all parties consent an the court finds cause for the
transfer
Forum Non Conveniens - ANS -There is a more convenient court in another judicial
system, so transfer is not possible
- Either dismiss or stay proceedings
Service of Process - ANS -- Consists of (1) a summons and (2) a copy of the complaint
- Any nonparty who is at least 18 can serve process
- Service must take place within 90 days of filing the complaint
Methods of Service - ANS -- Personal Service- papers are given to D personally
anywhere
- Substituted Service- fine so long as (1) it is defendant's usual abode AND (2) serve
someone o suitable and age and discretion who resides there
- Service on D's Agent- can be delivered to D's agent so long as receiving service in the
scope of the agency
- State Law Methods- methods that are permitted by state law (service by mail)
Waiver of Formal Service - ANS -- Mail to D a notice and request to waive formal process,
including a copy of the complaint and 2 copies of the waiver form
- If D executes and mails the waiver form within 30 days, then waived
Complaint Requirements - ANS -- Statement of grounds of SMJ
- Short and plain statement of the claim showing entitled to relief (must plead facts
supporting a plausible claim)
- Demand for relief sought (fraud, mistake and special damages are to be pleaded with
specificity)
Federal Personal Jurisdiction (2 steps) - ANS -- Satisfy a state statute AND
- Satisfy the Constitution (Due Process)
In Personam Jurisdiction - ANS -P sues to impose a personal obligation on D
- Statutory Analysis- each state is free to have its own statutes for in personam
jurisdiction
- Constitutional Analysis- does D have "such minimum contacts with the forum so
jurisdiction does not offend traditional notions of fair play and substantial justice"
Constitutional Analysis of Personal Jurisdiction - ANS -Contact
- Contact must result from purposeful availment of D's voluntary act
- It must be foreseeable that D could get sued in the forum
Relatedness
- Specific PJ- where the claim arises from D's contact with the forum
- General PJ- D must be at home in the forum
Fairness (only assessed in Specific PJ cases only)
- Burden on D and witnesses- D must show that jurisdiction puts her at a severe
disadvantage in the litigation (relative wealth of the parties is not determinative)
- State's Interest- the forum state may want to provide a courtroom for its citizens who
are allegedly being harmed by out-of-staters
- P's Interest- maybe injured and wants to sue at home
Federal Domicile of Organizations - ANS -Corporations- domiciled where incorporated
and where it has its principal place of business
Unincorporated Association (partnership or LLC- citizenship of all of its members
Federal Domicile of Decedents, Minors, or Incompetents - ANS -- Such person must be
sued through a representative
- Use the citizenship of the minor, decedent, or incompetent, because the rep's domicile
is irrelevant
"Tag" Jurisdiction - ANS -Subject to state's jurisdiction if D is served with process while
in the forum state
In Rem and Quasi In Rem - ANS -Power over D's property in the forum
,- Must be attached by the court at the outset of the case
- D's contacts with the forum must still meet the constitutional test applied
(Contacts/Relatedness/Fairness)
Cases Exclusive to Federal Court Jurisdiction - ANS -- Patent infringement
- Bankruptcy
- Some federal securities and antitrust claims
Diversity of Citizenship and Alienage Requirements for SMJ - ANS -- The case is either
(a) between citizens of different states or (b) between a citizen of a state and a citizen of a
foreign country AND
- The amount in controversy exceeds $75,000
Complete Diversity Rule - ANS -No SMJ if any P is a citizen of the same state as any D
Domicile of a Human - ANS -- Physical presence AND
- The intent to make that your home permanently or for an indefinite time
When do you Test for Diversity of Citizenship - ANS -When the case is filed
Diversity Jurisdiction Amount in Controversy - ANS -- Whatever the plaintiff claims in
good faith is OK unless it is clear to a legal certainty that she cannot recover more than
$75,000
- P who wins less than $75,000 in federal court may be required to pay D's litigation costs
Aggregating Claims in SMJ - ANS -- Aggregate the claims of any one P against any one
D, regardless of whether they are related
- When suing joint tortfeasors, use the total value of the claim
Equitable Relief and SMJ - ANS -Either view will get claim into federal court
- Does the damage to the plaintiff amount to more than $75k
- Would it cost D more than $75k to comply with the relief
Cases Federal Courts May Not Hear - ANS -- Divorce
- Alimony
- Child Custody
- Estate Probate
Federal Question Cases and SMJ - ANS -P's claim itself must arise under federal law
Is P enforcing a federal right?
- If yes, case gan go to federal court
- If no, case cannot go to federal court
,Additional Claims in SMJ - ANS -Each claim must be tested as to whether it will have
diversity or FQ to get into federal court
Supplemental Jurisdiction - ANS -- The claim we want to get into federal court must
share a common nucleus of operative fact with the claim that invoked federal SMJ
- BUT in diversity cases only, additional claims asserted by plaintiffs cannot be brought
in under supplemental jurisdiction
Removal to Federal Court - ANS -- D can remove a case that meets the requirements for
diversity of citizenship or FQ
- D must remove within 30 days of service of the first paper that shows the case is
removable
- All Ds that have been served with process must join in the removal
- P can never remove
EXCEPTIONS (for diversity only)
- No removal if any D is a citizen of the forum (unless instate D is dismissed early) AND
- No removal more than one year after the case was filed in state court (unless bad faith
by P)
Procedure of Removal to Federal Court - ANS -- D files a "notice of removal" in federal
court, stating grounds of removal
- D attaches all documents that were served on her in state action
- Serves a copy of the notice of removal on adverse parties
- Then files copy of notice of removal with the state court
Remand to State Court - ANS -- If P thinks removal was improper for any reason other
than lack of SMJ, then must move to remand no later than 30 days after notice of removal
was filed in federal court
- If P thinks removal improper due to lack of SMJ, may move to remand at any time
Erie Doctrine - ANS -STEP 1
Is there some federal law on point that directly conflicts with state law
- If so apply federal law as long as it is valid
STEP 2
If no federal law on point, the federal judge must apply state law if the issue to
determined is substantive
- Elements of a claim or defense; statute of limitations; rules for tolling statutes of
limitations; and conflict (or choice) of law rules
STEP 3
If no federal law on point and the issues is not one of the four, federal judge must
determine whether rate issue is substantive (factors)
, - Outcome determinative- would applying or ignoring the state rule affect the outcome of
case
- Balance of interests- does either federal or state system have strong interest in having
its rule applied
- Avoid forum shopping- if the federal court ignores state law on this issue, will it cause
parties to flock to federal court
Venue - ANS -P may lay venue in any district where
- All defendants reside (or where any D resides if all Ds are in the same forum state) OR
- A substantial part of the claim arose
Transfer of Venue - ANS -- The transferee must be a proper venue and have PJ over the
defendant
- Transferee must be proper without waiver by D
- Court can transfer to any district if all parties consent an the court finds cause for the
transfer
Forum Non Conveniens - ANS -There is a more convenient court in another judicial
system, so transfer is not possible
- Either dismiss or stay proceedings
Service of Process - ANS -- Consists of (1) a summons and (2) a copy of the complaint
- Any nonparty who is at least 18 can serve process
- Service must take place within 90 days of filing the complaint
Methods of Service - ANS -- Personal Service- papers are given to D personally
anywhere
- Substituted Service- fine so long as (1) it is defendant's usual abode AND (2) serve
someone o suitable and age and discretion who resides there
- Service on D's Agent- can be delivered to D's agent so long as receiving service in the
scope of the agency
- State Law Methods- methods that are permitted by state law (service by mail)
Waiver of Formal Service - ANS -- Mail to D a notice and request to waive formal process,
including a copy of the complaint and 2 copies of the waiver form
- If D executes and mails the waiver form within 30 days, then waived
Complaint Requirements - ANS -- Statement of grounds of SMJ
- Short and plain statement of the claim showing entitled to relief (must plead facts
supporting a plausible claim)
- Demand for relief sought (fraud, mistake and special damages are to be pleaded with
specificity)
