Civil Procedure Course Outline
Personal Jurisdiction
1. Forum State
2. Parties
3. Long arm Statute - rule
4. PJ Menu
a. Personal Service in state
• Tag you're it
b. Consent/Waiver
• Actual/implicit - elaborate
c. Domicile: there's two elements
d. Status (divorce)
e. Property
• In rem
• Quasi in rem no longer a basis for jurisdiction after Shaffer
f. Contact with the forum state
• Minimum contacts
1. Identify cause of action
a. Breach of contract
i. Burger king
ii. McGee
iii. Hanson
b. Products liability
i. WWW
ii. Asahi
iii. McIntyre
c. Libel/defamation
i. Keeton
ii. Calder: Calder effects test
d. Trademark infringement
2. Identify defendants acts of reaching out
a. Zippo
b. Shippitsa
3. Do claims arise out of or relate to the acts of reaching out
4. Analyze/distinguish from case chart
5. Fair play and substantial justice
a. Asahi
Strawbidge v. Curtis
What contacts count
1. Minimum contacts
a. Specific Jurisdiction: contact came out of or relates to contact with the
forum state
2. Systematic and continuous
a. General Jurisdiction
• Bristol Myers
Specific jurisdiction test
Minimum Contacts
• General jurisdiction: Systematic and continuous, (general jurisdiction test) if yes
mention fair play and substantial justice
• Specific jurisdiction: arise/relate
For hypos always look for both general and specific jurisdiction, test both of them
Diversity Jurisdiction
1. Determine citizenship of parties
- Individuals: residence + intent to remain
- Partnerships – where each individual member is domiciled
- Corporations – place of incorporation AND principal place of business (2
domiciles)
• Nerve Center Test: Corporation's officers direct, control, and
coordinate activities
2. Determine if amount in controversy is met ($75,000)
- Legal Certainty test: court accepts plaintiffs good faith pleading
Federal question Jurisdiction
- Plaintiffs cause of action must arise under the constitution or laws of the United States.
- Well-Pleaded Complaint Rule: plaintiff has to show cause of action arises under federal law
Supplemental Jurisdiction
1. Identify the anchor claim
2. What is the piggy back claim
Identify CNOF
1. Overlapping evidence
2. Same transaction or occurrence:
3. Loose factual connection
anchor claim (diversity or federal jurisdiction)
- cause of action has to have its own basis of jurisdiction
3 levels of supplemental jurisdiction
1. P v. d (federal question, P adds state law claim
a. No §1367(b)
2. P v. D (state law diversity claim, D tries to add)
a. Think about §1367(b), but since D is trying to add, it doesn’t do anything
3. P v. D (State law diversity claim, P tries to add)
a. Go through the list of claims that §1367(b) takes back
§1367( c) give court the option to say no
Joinder of Claims
- Permissive joinder FCRP 18(a)
o P can have different claims against D of any kind
o P can bring claims in a single complaint
Counter claims
FCRP 13: counter claim for relief against opposing party
13(b): parties are permitted to bring counter claim
- Compulsory counter claim: arise out of or the same transaction
Consider:
- Issue of fact and law in claims are essentially the same
- The same evidence would support or refute claims
- Legal relationship between claims
Cross Claim: claim against co party
- Co party liable for all or part or original claim
- Must arise out of the same transaction or occurrence as the original claim
Issue Preclusion:
- Does the same issue that applies in previous case apply in later case?
- Consider:
o Same issue involved in first and second suit
o Initial lawsuit must have produced final argument
o Issue must have been litigated and decided on in first action
o Party opposing preclusion must have had a full and fair opportunity to litigate the
issue in the first action :
Test
1. Same issue?
2. Actually litigated and resolved?
3. Valid, final judgement
4. Issue was necessary to the judgements
Eerie Doctrine: what law should federal court apply?
1. Determine whether erie could be an issue
a. Federal law: procedural question
b. State law: substantive question
Venue: is it proper to haul defendant before the specific district court?
Is venue proper?
1. Residence Route: Judicial district where defendant resides, if all defendant are residents
of state which the district is located
2. Events Route: Judicial district which substantial part of events or omission giving rise to
the claim occurred or property is situated
3. Fall Back: If no district, any judicial district which defendant is subject to courts personal
jurisdiction.
Venue is proper but inconvenient
1. Court can transfer under 28 U.S.C §1404
a. Can transfer to another venue that is proper and convenient for parties
2. Dismissal under common law doctrine of forum non conveniens
3. Case is dismissed then refiled in another venue
