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Civil Procedure: Jurisdiction & Venue

20 cards|
6 easy10 medium4 hard
civil procedurejurisdictionvenue

Subject matter jurisdiction, personal jurisdiction, and venue — where cases are heard.

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Flashcards in This Deck

1
easy

What are the two primary requirements for a federal court to exercise diversity jurisdiction under 28 U.S.C. § 1332?

Under 28 U.S.C. § 1332, diversity jurisdiction requires complete diversity of citizenship between plaintiffs and defendants, and an amount in controversy exceeding $75,000.

2
medium

What is the 'well-pleaded complaint rule' established in Louisville & Nashville R.R. v. Mottley?

The well-pleaded complaint rule dictates that federal question jurisdiction exists only when the federal issue appears on the face of the plaintiff's properly pleaded complaint, not in anticipated defenses.

3
medium

For the purposes of diversity jurisdiction, what are the two places where a corporation is considered a citizen?

A corporation is a citizen of every state or foreign state where it is incorporated AND the one state or foreign state where it has its principal place of business (nerve center).

4
medium

Under United Mine Workers v. Gibbs, what is the constitutional test for a federal court to exercise supplemental jurisdiction over a state law claim?

The state law claim must share a 'common nucleus of operative fact' with the federal claim that anchors the court's subject matter jurisdiction.

5
hard

Under 28 U.S.C. § 1367(b), when the original anchor claim is based solely on diversity, over which parties is supplemental jurisdiction explicitly prohibited for claims made by the plaintiff?

Section 1367(b) prohibits supplemental jurisdiction over claims by plaintiffs against persons made parties under Rules 14 (impleader), 19 (compulsory joinder), 20 (permissive joinder), or 24 (intervention) if it would destroy complete diversity.

6
easy

What landmark case established that a defendant must have 'minimum contacts' with the forum state such that the suit does not offend 'traditional notions of fair play and substantial justice'?

International Shoe Co. v. Washington established the 'minimum contacts' test for personal jurisdiction.

7
medium

Under Daimler AG v. Bauman, what is the standard for a court to exercise general personal jurisdiction over a corporate defendant?

General jurisdiction requires the corporation's affiliations with the State to be so continuous and systematic as to render it essentially 'at home' in the forum State (typically its place of incorporation and principal place of business).

8
medium

What is the defining requirement for a court to exercise specific personal jurisdiction over a defendant?

Specific jurisdiction requires that the plaintiff's claim must 'arise out of or relate to' the defendant's purposeful contacts with the forum state.

9
hard

Describe the split in the Supreme Court regarding the 'stream of commerce' theory for personal jurisdiction as seen in Asahi and J. McIntyre Machinery.

The split involves Justice Brennan's view (mere awareness that a product will enter the forum state is enough) versus Justice O'Connor's view (requires 'awareness plus' some additional purposeful direction or intent to serve the forum state market).

10
medium

What did the Supreme Court hold in Shaffer v. Heitner regarding quasi in rem jurisdiction?

Shaffer v. Heitner held that all assertions of state-court jurisdiction, including in rem and quasi in rem, must be evaluated according to the International Shoe 'minimum contacts' standard.

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This deck contains 20 flashcards with a mix of difficulty levels: 6 easy, 10 medium, and 4 hard cards.

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