Please enable JavaScript.

Coggle requires JavaScript to display documents.

Jurisdition - Coggle Diagram

- - - - There must be a federal question raised by the well pleaded complaint. Federal question as a defense does not constitute Federal Question Jurisdiction
  - - - There must be complete diversity
      - Elizabeth Taylor
      - Domicile Test
        
        A person's domicile is the last place the person lived with the intent to remain indefinitely. They keep their domicile until until they actually move. Planning to move somewhere else is not enough
        
        Corporation domicile
        
        A corporation is domiciled where they are incorporated and where they are headquartered (nerve center/principle place of business)
        Amount of business in a different state is irrelevant for domicle
      - AIC must be Reasonably met >$75,000
        
        Does not have to be from a single claim but cannot compound claims against multiple defendants to each AIC
  - - - D can only remove to the District Court which embraces the state court where P filed
      - If jurisdiction is sole based on diversity, D can't remove if P filed in D's home state
      - Only D can remove (if multiple defendants, they must agree)
      - Must remove within 30 days
      - Must be original general subject matter jurisdiction
- - - - 28 U.S.C. sec. 1404
        
        For the convenience of parties and witnesses, in the interest of justice, adistrict courtmay transfer any civil action to any otherdistrictor division where it might have been broughtor to any districtor division to which all parties have consented.
      - Forum Non Conveniens (common law)
        
        Federal courts use the common law doctrine of forum non convenient to dismiss a case that was filed in a proper venue in favor of a foreign forum that can provide an adequate remedy
        
        An adequate remedy is one that is available and consistent with basic notions of fairness
        
        More favorable law in the forum where the case is filed is not sufficient to deny a FNC dismissal
    - - 28 U.S.C. sec. 1406
        
        The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
    - - Private
        
        Whether the claim arose elsewhere
        
        The convenience of the parties
        
        The defendant's choice of forum
        
        The convenience of the witnesses
        
        P's choice, unless the balance of convenience is strongly in favor of defendant
        
        The ease of access to sources of proof
      - Public
        
        The relative congestion of the calendars of the potential transferee and transferor courts
        
        The local interest in deciding local controversies at home
        
        The transferee's familiarity with governing law
- - - - In Rem
        
        The court has the power to adjudicate the rights with respect to a particular item of property. The property has to be within the physical boarders of the state
      - In Personam
        
        .
        
        The forum has power over a particular defendant. The Court needs that power to order the defendant to do something
        
        When is there PJ?
        
        D is domiciled in the state
        
        Same domicile as SMJ
        
        D is served within the state
        
        D cannot be coerced into coming to the state
        
        D consents to jurisdiction within the state
        
        Constitutional limits
        
        constitutional
        
        2 more items...
        
        State statutes
        
        1 more item...
        
        Specific v. General
        
        Specific
        
        Specific is when the use of action arises from the defendant's contact in the forum state
        
        General
        
        General is where the defendant's contacts with the forum state are so pervasive that the D is subject to PJ for any dispute
        
        Sufficient contact in stream of commerce is uncertain: Analyze both unless you know what your juridiction uses
        
        Steam of Commerce Plus
        
        Foreseeability is not enough
        
        Need Purposeful Availment
        
        Placing in Steam of Commerce is not enough
        
        Volume of Business
        
        Place in Steam of Commerce can be enough
        
        If you regularly conduct business there, that's enough
        
        2 more items...
      - PJ Tips
        
        If case is filed in federal court, use the personal jurisdiction law of the state where the federal court sits
        
        Physical presence is not required for PJ
        
        PJ is a constitutional requirement, comes from Due Process Clause--can be waived
        
        Only care about D's contacts in assessing PJ--not P's contacts with the forum
- - - - (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction
      - (3) the district court has dismissed all claims over which it has original jurisdiction
      - (1) the claim raises a novel or complex issue of State law
      - (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction
    - - B takes away power if baed on 1332 and the additional claim is brought by the original P and destroys diversity
      - If J not taken away by B, still have to look at c
      - If original J, 1367 (a) gives power to hear additional claims if same nucleus of operative facts