Civ Pro Attack Outline
Jurisdiction
• Subject matter jurisdiction gives the federal courts the power to hear and decide
the cases before it, which is limited by statute.
• Federal Question 1331:
• The cause of action must arise out of the constitution, US laws, or treaties and
must appear on the face of the well-pleaded complaint. Mottley
• Diversity 1332:
• Minimum amount in controversy $75,000
• Litigants must have diversity of citizenship
• Individual domiciled where residences and intent to remain
• Corporation citizen where incorporated and principal place of business
(headquarters or where decisions are made)
• Not incorporated citizen where members reside
• If state claim is a substantial matter to federal law then have subject
matter jurisdiction. A federal element with nationwide disturbance
• Supplemental 1367: If multiple claims but only one claim have subject matter
jurisdiction, then may be brought into federal court as long as it from the same
case or controversy. Gibbs common nucleus of operative facts
• If diversity only then does not apply to joiners besides Rule 20 Permissive
plaintiff.
• Removal 1441: A defendant may remove to federal court from state court
with smj as long as the case was not brought in their home state.
• Personal jurisdiction gives the courts power over the defendant.
• If defendant is sued at home then general jurisdiction.
• Residences, PPB, Incorporated, Presence
• If non resident defendant then must constitutional due process and long arm
statute.
• Minimum contacts with the forum International Shoe
• Is it foreseeable the defendant will get sued in the forum?
• Did the defendant purposefully avail himself to the forum?
• Stream of commerce plus Nicastro
• Calder effects: forum targeted to create harm
• Zippo test: Active = business transactions; Passive = informational
• Don’t forget about choice of law or forum selection! Applies to breach of
contract
• Benefits from the forum
• Once min contacts is established, look at 5 fairness factors:
• Those 5 factors include;
• Unconstitutional burden on defendant,
• Plaintiffs interest in relief,
• Efficiency (witnesses),
• State’s interest, and
• Foreign defendant state’s interest. If only way to get foreign offender
• Venue is where the case should be heard. Under 1391b either by 1) residential,
2) transactional, or if 1 and 2 does not apply then where subject to PJ
• Individuals reside where domiciled
• Entities reside where subject to PJ
• If venue is proper but want to change then apply 1404 and argue for efficiency
• If venue is improper then apply 1406 and may be dismissed or transferred
• A defendant may argue forum non conveniens when forum is in foreign
country and a inconvenience for witnesses and evidence.
• Rule 4 how to serve a pleading: of age, an agent, if exhausts methods then
other ways the court may allow.
• Rule 7what’s in a pleading: A complaint, answer, reply
• Rule 8 rules for pleading: short and plain statements
• Rule 10 form of pleadings: Information on parties, numbered paragraphs, and
exhibits
• Rule 11 signatures: everything signed and due diligence
• Rule 12 defenses and objections: answer within 21 days
• b(1) lack subject matter
• b(2) lack personal jurisdiction
• b(3) Improper venue
• b(6) failure to state claim of relief
• Rule 13 states a crossclaim or compulsory counterclaim may be brought when it
arises out of the same transaction or occurrence. (same operative facts; claims
activates relief)
• Permissive counterclaim (unrelated)
• Rule 15 Amendment: Amend 21 days after
• Relates back when statute of limitations, or asserts a claim/defense that arose
out of the same transaction or occurrence, or change to parties.
• Rule 14 third party joinder: defendant may bring in a third-party when they are
liable to them
• Rule 19 Necessary Party:
• Plaintiff problem when the plaintiff cannot get relief without absent party
• Absent problem when the absent party interest is effective
• Defendant problem when the defendant is subject to multiple inconsistent
obligations
• Rule 20 Permissive Party Person may be joined if relief arises out of the same
transaction and occurrence and common fact or question of law.
