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Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (1999).
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1What is the difference between subject-matter jurisdiction and personal jurisdiction?
What is the difference between subject-matter jurisdiction and personal jurisdiction?2What is original jurisdiction?
What is original jurisdiction?3What is concurrent jurisdiction?
What is concurrent jurisdiction?4How do the United States Constitution and the United States Code work together to regulate the subject-matter jurisdiction of the federal courts?
How do the United States Constitution and the United States Code work together to regulate the subject-matter jurisdiction of the federal courts?5At what time during a federal case can a party challenge subject-matter jurisdiction?
At what time during a federal case can a party challenge subject-matter jurisdiction?6If a federal court lacks subject-matter jurisdiction, can the parties consent to allow the court to hear the case?
If a federal court lacks subject-matter jurisdiction, can the parties consent to allow the court to hear the case?7Federal-question jurisdiction extends to cases arising under which three sources of federal authority?
Federal-question jurisdiction extends to cases arising under which three sources of federal authority?8Does a case generally arise under federal law if the federal issue is raised by the defendant instead of the plaintiff?
Does a case generally arise under federal law if the federal issue is raised by the defendant instead of the plaintiff?9Does a case generally arise under federal law if the plaintiff’s complaint raises a nonfederal claim but anticipates a federal defense?
Does a case generally arise under federal law if the plaintiff’s complaint raises a nonfederal claim but anticipates a federal defense?10Does a case generally arise under federal law if the plaintiff’s state-law claim requires interpretation of federal law?
Does a case generally arise under federal law if the plaintiff’s state-law claim requires interpretation of federal law?11A plaintiff sued a pharmacy in federal court, alleging that the pharmacy committed common-law fraud by mislabeling prescriptions. The plaintiff and...
A plaintiff sued a pharmacy in federal court, alleging that the pharmacy committed common-law fraud by mislabeling prescriptions. The plaintiff and the pharmacy were citizens of the same state. The pharmacy pled, as a defense, that it had complied with all federal drug-labeling laws. Does the court have federal-question jurisdiction?12What are the two principal statutory requirements for federal diversity jurisdiction?
What are the two principal statutory requirements for federal diversity jurisdiction?13In a suit between a citizen of a U.S. state and a foreign citizen, what is necessary for a court to conclude that the parties lack diversity of cit...
In a suit between a citizen of a U.S. state and a foreign citizen, what is necessary for a court to conclude that the parties lack diversity of citizenship under the federal diversity-jurisdiction statute?14What is a domestic corporation’s citizenship for purposes of diversity jurisdiction?
What is a domestic corporation’s citizenship for purposes of diversity jurisdiction?15An individual United States citizen is a citizen of what state for purposes of diversity jurisdiction?
An individual United States citizen is a citizen of what state for purposes of diversity jurisdiction?16In a federal diversity case between United States citizens, what is complete diversity of citizenship?
In a federal diversity case between United States citizens, what is complete diversity of citizenship?17Does federal diversity jurisdiction extend to suits between citizens of a U.S. state and citizens of a foreign country?
Does federal diversity jurisdiction extend to suits between citizens of a U.S. state and citizens of a foreign country?18In a federal suit between citizens of different states, does diversity of citizenship exist if foreign citizens are additional parties in the case?
In a federal suit between citizens of different states, does diversity of citizenship exist if foreign citizens are additional parties in the case?19If a case involves foreign citizens on both sides, and a U.S. citizen on one side, will most courts find that the case falls within federal diversi...
If a case involves foreign citizens on both sides, and a U.S. citizen on one side, will most courts find that the case falls within federal diversity jurisdiction?20Does federal diversity jurisdiction extend to a lawsuit solely between two foreign citizens?
Does federal diversity jurisdiction extend to a lawsuit solely between two foreign citizens?21For purposes of federal diversity jurisdiction, what is the citizenship of a partnership or other unincorporated association?
For purposes of federal diversity jurisdiction, what is the citizenship of a partnership or other unincorporated association?22For purposes of federal diversity jurisdiction, a party’s citizenship is determined as of what date?
For purposes of federal diversity jurisdiction, a party’s citizenship is determined as of what date?23A plaintiff sued a defendant in federal court for breach of contract, alleging $500,000 in damages. The plaintiff was a citizen of State A, and the...
A plaintiff sued a defendant in federal court for breach of contract, alleging $500,000 in damages. The plaintiff was a citizen of State A, and the defendant was a citizen of State B. Five days after the plaintiff filed suit, the defendant sold his house in State B and moved permanently to State A. Does the court have diversity jurisdiction after the defendant moves?24Under the federal diversity statute, are the U.S. territories, the District of Columbia, and Puerto Rico considered to be states for purposes of ev...
Under the federal diversity statute, are the U.S. territories, the District of Columbia, and Puerto Rico considered to be states for purposes of evaluating citizenship?25What amount in controversy is required for federal diversity jurisdiction?
What amount in controversy is required for federal diversity jurisdiction?26Under the federal diversity statute, what forms of relief are excluded from the amount in controversy?
Under the federal diversity statute, what forms of relief are excluded from the amount in controversy?27If the plaintiff in a federal diversity case recovers less than the required amount in controversy at trial, does the court still have diversity ju...
If the plaintiff in a federal diversity case recovers less than the required amount in controversy at trial, does the court still have diversity jurisdiction?28The plaintiff sued the defendant in federal court under a state-law tort claim, seeking $200,000 in damages. The parties were citizens of different...
The plaintiff sued the defendant in federal court under a state-law tort claim, seeking $200,000 in damages. The parties were citizens of different states, and thus there was complete diversity of citizenship. The case proceeded under diversity jurisdiction. At trial, the jury awarded the plaintiff $30,000 in damages. Before final judgment, the defendant asked the court to dismiss the case for lack of subject-matter jurisdiction. The defendant argued that the case did not meet the amount-in-controversy requirement for diversity jurisdiction, because the verdict was only $30,000. Should the court grant the motion?29In a federal diversity case, how is the amount in controversy typically established?
In a federal diversity case, how is the amount in controversy typically established?30In a federal diversity case, if the plaintiff has alleged an amount in controversy that satisfies the diversity-jurisdiction statute, can the defen...
In a federal diversity case, if the plaintiff has alleged an amount in controversy that satisfies the diversity-jurisdiction statute, can the defendant contest subject-matter jurisdiction by challenging the alleged amount in controversy?31If the plaintiff in a federal diversity case has alleged a sufficient amount in controversy, and the defendant challenges that amount, what legal s...
If the plaintiff in a federal diversity case has alleged a sufficient amount in controversy, and the defendant challenges that amount, what legal standard will the court apply in deciding whether the allegation is sufficient?32In considering the amount in controversy in a federal diversity case, how do the courts determine the value of nonmonetary relief?
In considering the amount in controversy in a federal diversity case, how do the courts determine the value of nonmonetary relief?33In a federal diversity case, can a single plaintiff add multiple, unrelated claims against a single defendant to reach the statutory amount in cont...
In a federal diversity case, can a single plaintiff add multiple, unrelated claims against a single defendant to reach the statutory amount in controversy?34In a federal diversity case, under what circumstances can a single plaintiff add claims against multiple defendants to reach the statutory amount i...
In a federal diversity case, under what circumstances can a single plaintiff add claims against multiple defendants to reach the statutory amount in controversy?35In a federal diversity case, under what circumstances can multiple plaintiffs add their claims to reach the statutory amount in controversy?
In a federal diversity case, under what circumstances can multiple plaintiffs add their claims to reach the statutory amount in controversy?36Two plaintiffs together sued a defendant in federal court. The parties had the needed diversity of citizenship. The plaintiffs alleged that the def...
Two plaintiffs together sued a defendant in federal court. The parties had the needed diversity of citizenship. The plaintiffs alleged that the defendant violated state consumer-protection laws when selling each of them a used car. One plaintiff individually sought $40,000 in damages. The other plaintiff individually sought $50,000 in damages. Does the court have diversity jurisdiction?37What is a counterclaim?
What is a counterclaim?38What is the difference between a compulsory counterclaim and a permissive counterclaim?
What is the difference between a compulsory counterclaim and a permissive counterclaim?39In a federal diversity case, may a plaintiff generally add the plaintiff’s claim and the defendant’s counterclaim to reach the statutory amount in ...
In a federal diversity case, may a plaintiff generally add the plaintiff’s claim and the defendant’s counterclaim to reach the statutory amount in controversy?40In a federal diversity case, which type of counterclaim must independently satisfy the statutory amount in controversy?
In a federal diversity case, which type of counterclaim must independently satisfy the statutory amount in controversy?41Must a federal court accept jurisdiction of a claim that qualifies for supplemental jurisdiction?
Must a federal court accept jurisdiction of a claim that qualifies for supplemental jurisdiction?42What is federal supplemental jurisdiction?
What is federal supplemental jurisdiction?43Which claims are specifically excluded from supplemental jurisdiction when made by plaintiffs in federal diversity cases?
Which claims are specifically excluded from supplemental jurisdiction when made by plaintiffs in federal diversity cases?44In federal diversity cases, which claims are specifically excluded from supplemental jurisdiction when made by parties seeking to join a case as pl...
In federal diversity cases, which claims are specifically excluded from supplemental jurisdiction when made by parties seeking to join a case as plaintiffs?45What is removal in federal civil procedure?
What is removal in federal civil procedure?46Does a defendant need a court’s permission to remove a case from state court to federal court?
Does a defendant need a court’s permission to remove a case from state court to federal court?47What are the jurisdictional requirements to remove a case from state court to federal court?
What are the jurisdictional requirements to remove a case from state court to federal court?48May a case with multiple defendants be removed from state court to federal court if fewer than all defendants agree to removal?
May a case with multiple defendants be removed from state court to federal court if fewer than all defendants agree to removal?49If a defendant removes a case based on federal-question jurisdiction, does the well-pleaded complaint rule apply for purposes of determining whethe...
If a defendant removes a case based on federal-question jurisdiction, does the well-pleaded complaint rule apply for purposes of determining whether jurisdiction exists?50If a defendant removes a case based on diversity jurisdiction, is the amount demanded in the complaint used to evaluate whether the statutory amoun...
If a defendant removes a case based on diversity jurisdiction, is the amount demanded in the complaint used to evaluate whether the statutory amount in controversy is met?51If a defendant removes a case based on federal diversity jurisdiction, under what circumstances can the notice of removal state the amount in contr...
If a defendant removes a case based on federal diversity jurisdiction, under what circumstances can the notice of removal state the amount in controversy?52If multiple defendants are served at different times, and a later-served defendant seeks to remove the case to federal court, can the previously se...
If multiple defendants are served at different times, and a later-served defendant seeks to remove the case to federal court, can the previously served defendants consent to removal?53Are any cases made categorically nonremovable by federal law?
Are any cases made categorically nonremovable by federal law?54If the state court lacks jurisdiction over a claim, does this lack of jurisdiction prevent removal of that claim to federal court?
If the state court lacks jurisdiction over a claim, does this lack of jurisdiction prevent removal of that claim to federal court?55Can a plaintiff remove a case to federal court if the plaintiff is defending against a defendant’s counterclaim?
Can a plaintiff remove a case to federal court if the plaintiff is defending against a defendant’s counterclaim?56What documents must a defendant file to remove a case to federal court?
What documents must a defendant file to remove a case to federal court?57After a defendant removes a case to federal court, may the state court take further action in the case?
After a defendant removes a case to federal court, may the state court take further action in the case?58If a state-court case is removable when it is filed, how long does the defendant have to remove the case to federal court?
If a state-court case is removable when it is filed, how long does the defendant have to remove the case to federal court?59If a state-court case is not removable when it is filed, but later becomes removable, how long does the defendant have to remove the case to federa...
If a state-court case is not removable when it is filed, but later becomes removable, how long does the defendant have to remove the case to federal court?60In the context of removal, what is a remand?
In the context of removal, what is a remand?61After a case is removed to federal court, how long does the plaintiff have to file a motion to remand?
After a case is removed to federal court, how long does the plaintiff have to file a motion to remand?62In general, if a federal court remands a case to state court, may the defendant appeal the decision to remand?
In general, if a federal court remands a case to state court, may the defendant appeal the decision to remand?63If after removal a plaintiff seeks to join additional defendants whose joinder would destroy subject-matter jurisdiction, what two options does the...
If after removal a plaintiff seeks to join additional defendants whose joinder would destroy subject-matter jurisdiction, what two options does the court have?64If a case includes claims that arise under federal law and claims that are
not within a federal court’s original or supplemental jurisdiction, may ...
If a case includes claims that arise under federal law and claims that are
not within a federal court’s original or supplemental jurisdiction, may the
defendant remove the case?65What is the forum-defendant rule regarding removal?
What is the forum-defendant rule regarding removal?66A plaintiff sued two defendants, seeking $1,000,000 in damages from each defendant on a state-law tort claim. The plaintiff was a citizen of State ...
A plaintiff sued two defendants, seeking $1,000,000 in damages from each defendant on a state-law tort claim. The plaintiff was a citizen of State A, the first defendant was a citizen of State B, and the second defendant was a citizen of State C. The plaintiff filed the suit in a state court in State C. Both defendants wished to remove the case to federal court based on federal diversity jurisdiction. Assume that diversity jurisdiction is the only possible source of federal subject-matter jurisdiction in this case. Assume further that the case falls within federal diversity jurisdiction based on the citizenship of the parties and the amount in controversy. Is the case removable?67After a case is removed from state court to federal court, which motion can the plaintiff file to have the case returned to state court?
After a case is removed from state court to federal court, which motion can the plaintiff file to have the case returned to state court?68What is in rem jurisdiction?
What is in rem jurisdiction?69What is quasi in rem jurisdiction?
What is quasi in rem jurisdiction?70What are the three main traditional grounds for personal jurisdiction, not including state long-arm jurisdiction?
What are the three main traditional grounds for personal jurisdiction, not including state long-arm jurisdiction?71A State A statute provided, “Any person who drives on the public highways of this state consents to this state’s jurisdiction in cases arising ther...
A State A statute provided, “Any person who drives on the public highways of this state consents to this state’s jurisdiction in cases arising therefrom.” The defendant, a citizen of State B, was involved in a car accident while driving in State A. The defendant had no other connections to State A. The other driver sued the defendant for personal injury in a State A federal court.Does the court have personal jurisdiction over the defendant?72A plaintiff sued a defendant in a State A court for breach of contract. The defendant lived in State B, where the contract was negotiated, executed...
A plaintiff sued a defendant in a State A court for breach of contract. The defendant lived in State B, where the contract was negotiated, executed, and performed. Assume that the defendant had no contacts with State A. Within the time required for service of process, the defendant attended a wedding in State A. At the reception, a process server served the summons and complaint on the defendant. Does the State A court have personal jurisdiction?73What is specific jurisdiction?
What is specific jurisdiction?74What is general jurisdiction?
What is general jurisdiction?75To establish specific jurisdiction, what relationship must exist between the cause of action and the defendant’s contacts with the forum state?
To establish specific jurisdiction, what relationship must exist between the cause of action and the defendant’s contacts with the forum state?76To establish general jurisdiction, what relationship must exist between the defendant and the forum state?
To establish general jurisdiction, what relationship must exist between the defendant and the forum state?77A corporation was incorporated in State A and had a factory in State B. Assume that the corporation was not a citizen of State B. The plaintiff sue...
A corporation was incorporated in State A and had a factory in State B. Assume that the corporation was not a citizen of State B. The plaintiff sued the corporation in a state court in State B, alleging personal injury from an accident at one of the corporation’s warehouses in State C. The accident had no relationship to the corporation’s State B activities. The State B long-arm statute allowed personal jurisdiction to the extent permitted by the Fourteenth Amendment Due Process Clause.Assuming that the corporation can legally be considered at home in State B, does the State B court have personal jurisdiction over the corporation?78What is a long-arm statute?
What is a long-arm statute?79What is the relationship between a state long-arm statute and personal jurisdiction?
What is the relationship between a state long-arm statute and personal jurisdiction?80Why does a court have personal jurisdiction over a plaintiff?
Why does a court have personal jurisdiction over a plaintiff?81What is the relationship between the personal jurisdiction of the federal courts and the personal jurisdiction of the state courts?
What is the relationship between the personal jurisdiction of the federal courts and the personal jurisdiction of the state courts?82Which provision of the United States Constitution is most important for purposes of analyzing personal jurisdiction?
Which provision of the United States Constitution is most important for purposes of analyzing personal jurisdiction?83In the context of personal jurisdiction, what is the difference between a general appearance and a special appearance by a defendant?
In the context of personal jurisdiction, what is the difference between a general appearance and a special appearance by a defendant?84What role do traditional notions of fair play and substantial justice play in analyzing personal jurisdiction?
What role do traditional notions of fair play and substantial justice play in analyzing personal jurisdiction?85What is the role of purposeful availment in analyzing personal jurisdiction?
What is the role of purposeful availment in analyzing personal jurisdiction?86A retailer was incorporated in State A, had its principal place of business in State A, and sold appliances at stores in State A and State B. The r...
A retailer was incorporated in State A, had its principal place of business in State A, and sold appliances at stores in State A and State B. The retailer conducted no business outside States A and B. A plaintiff bought a toaster from the retailer in one of its State B stores. One month later, the plaintiff moved to State C, where the toaster malfunctioned and set the plaintiff’s house on fire. The plaintiff sued the retailer in State C. The State C long-arm statute extended to the limits of the Fourteenth Amendment’s Due Process Clause. Does the State C court have personal jurisdiction over the retailer?87Which four factors has the Supreme Court identified as important in analyzing traditional notions of fair play and substantial justice in the law o...
Which four factors has the Supreme Court identified as important in analyzing traditional notions of fair play and substantial justice in the law of personal jurisdiction?88May a federal statute authorize personal jurisdiction over a defendant, without reference to state law?
May a federal statute authorize personal jurisdiction over a defendant, without reference to state law?89If a claim arises under federal law, and the defendant is not subject to personal jurisdiction in any U.S. state, can a federal court exercise pers...
If a claim arises under federal law, and the defendant is not subject to personal jurisdiction in any U.S. state, can a federal court exercise personal jurisdiction over the defendant?90May a court assert personal jurisdiction based on a defendant’s unintentional contacts with the forum state?
May a court assert personal jurisdiction based on a defendant’s unintentional contacts with the forum state?91What is a forum-selection clause?
What is a forum-selection clause?92Must a forum-selection clause be fundamentally fair to be valid?
Must a forum-selection clause be fundamentally fair to be valid?93What effect does a valid forum-selection clause have on personal jurisdiction in the selected forum?
What effect does a valid forum-selection clause have on personal jurisdiction in the selected forum?94What is the sliding-scale test, also called the Zippo test, for Internet-based minimum contacts?
What is the sliding-scale test, also called the Zippo test, for Internet-based minimum contacts?95Can a defendant challenge personal jurisdiction for the first time on appeal?
Can a defendant challenge personal jurisdiction for the first time on appeal?96What is transient jurisdiction?
What is transient jurisdiction?97For purposes of personal jurisdiction, what is the federal 100-mile bulge rule?
For purposes of personal jurisdiction, what is the federal 100-mile bulge rule?98The plaintiff sued the defendant in the federal district court in State A. The defendant was properly joined and served. The defendant brought in, ...
The plaintiff sued the defendant in the federal district court in State A. The defendant was properly joined and served. The defendant brought in, or impleaded, a third-party defendant, alleging that the third-party defendant should indemnify the defendant against the plaintiff’s claim. The third-party defendant lived in State B, and his house was 75 miles from the federal courthouse where the plaintiff filed suit. Assume that the third-party defendant does not fall within the State A long-arm statute. A process server served the summons and complaint on the third-party defendant personally at the third-party defendant’s house. Does the court have personal jurisdiction over the third-party defendant?99What is service of process?
What is service of process?100What is the function of service of process in a civil case?
What is the function of service of process in a civil case?101Does due process always require personal, physical service of process on the defendant?
Does due process always require personal, physical service of process on the defendant?102In a federal civil case, what two documents must be served on the defendant to carry out service of process?
In a federal civil case, what two documents must be served on the defendant to carry out service of process?103In a federal civil case, what is the summons?
In a federal civil case, what is the summons?104Is the plaintiff responsible for having the summons and complaint served on the defendant?
Is the plaintiff responsible for having the summons and complaint served on the defendant?105Who may serve the summons and complaint on the defendant?
Who may serve the summons and complaint on the defendant?106In a federal civil case, what are the primary methods authorized for serving an individual within the United States?
In a federal civil case, what are the primary methods authorized for serving an individual within the United States?107A plaintiff sued a defendant in the federal district court in the district of State A. The defendant lived in State B and worked at an office in St...
A plaintiff sued a defendant in the federal district court in the district of State A. The defendant lived in State B and worked at an office in State B. The plaintiff’s process server went to the defendant’s State B office and left the summons and complaint with the receptionist. The receptionist gave the documents to the defendant several hours later. Neither the Federal Rules of Civil Procedure nor the law of State A allowed service in this manner. The law of State B provided that a plaintiff may serve a defendant “by leaving the summons and complaint at the defendant’s usual place of business with someone who works there.” Assuming that this statute satisfies the requirements of due process, was the defendant properly served?108The plaintiff sued the defendant in federal court. The plaintiff hired a process server, who went to the defendant’s house to serve the summons and...
The plaintiff sued the defendant in federal court. The plaintiff hired a process server, who went to the defendant’s house to serve the summons and complaint. The door was answered by a cable-company technician who was temporarily at the house making a service call. The technician explained that the defendant had gone to run an errand but would be back in 15 minutes. The process server gave the summons and complaint to the technician, who promised to give the documents to the defendant when he returned. The technician later gave the defendant the documents.Ignoring any issue of state-law methods of service, has the process server carried out proper abode service?109In a federal civil case, what are the primary methods authorized for serving a corporation, partnership, or association within the United States?
In a federal civil case, what are the primary methods authorized for serving a corporation, partnership, or association within the United States?110The plaintiff sued an out-of-state corporation in federal court. The corporation had appointed a private litigation-services provider as its regist...
The plaintiff sued an out-of-state corporation in federal court. The corporation had appointed a private litigation-services provider as its registered agent for service of process in the state in which the plaintiff filed suit. The plaintiff’s process server was aware of the agency relationship between the defendant and the service provider. Nonetheless, the process server ignored the service provider and served the summons and complaint personally on the corporation’s president while the president was visiting the state.Ignoring any issue of state-law methods of service, was service proper?111In a federal civil case, may a defendant be served in a foreign country by following an international agreement regarding methods of service?
In a federal civil case, may a defendant be served in a foreign country by following an international agreement regarding methods of service?112What methods may be used to serve an individual in a foreign country if (1) there is no internationally agreed-upon method for service in that coun...
What methods may be used to serve an individual in a foreign country if (1) there is no internationally agreed-upon method for service in that country or (2) an international agreement does not specify all permissible methods of service?113In a federal civil case, may a defendant be served in a foreign country using a method ordered by the federal court and not prohibited by internati...
In a federal civil case, may a defendant be served in a foreign country using a method ordered by the federal court and not prohibited by international agreement?114Unless the court extends the time, how long does a plaintiff normally have to serve a defendant within the United States after the plaintiff files ...
Unless the court extends the time, how long does a plaintiff normally have to serve a defendant within the United States after the plaintiff files the complaint?115If a plaintiff fails to meet the initial deadline for serving a defendant within the United States, what must the court do in response?
If a plaintiff fails to meet the initial deadline for serving a defendant within the United States, what must the court do in response?116Must a process server submit proof of service to the court?
Must a process server submit proof of service to the court?117May a plaintiff ask a defendant to waive formal service of the summons?
May a plaintiff ask a defendant to waive formal service of the summons?118What procedure must a plaintiff follow to ask a defendant to waive service of the summons?
What procedure must a plaintiff follow to ask a defendant to waive service of the summons?119What consequences do the Federal Rules of Civil Procedure impose on a defendant within the United States who fails, without good cause, to agree to...
What consequences do the Federal Rules of Civil Procedure impose on a defendant within the United States who fails, without good cause, to agree to a request to waive service of the summons?120If a defendant waives service of the summons, does the defendant also waive any objections to personal jurisdiction or to venue?
If a defendant waives service of the summons, does the defendant also waive any objections to personal jurisdiction or to venue?121What effect does waiving service of the summons have on the defendant’s time to answer the complaint?
What effect does waiving service of the summons have on the defendant’s time to answer the complaint?122A plaintiff sued a defendant in federal court. After the case was filed, but before the defendant was served, the plaintiff’s attorney called the d...
A plaintiff sued a defendant in federal court. After the case was filed, but before the defendant was served, the plaintiff’s attorney called the defendant’s attorney to discuss the case. During the call, the plaintiff’s attorney asked the defendant’s attorney if the defendant would waive formal service of the summons. The defendant’s attorney replied, “Yes, just send over the complaint.” Later that day, the plaintiff’s attorney delivered a paper copy of the complaint by courier to the defendant’s attorney. The plaintiff’s attorney did not make any further efforts to serve the defendant. Have the parties complied with the procedures for waiving service of the summons under the Federal Rules of Civil Procedure?123In general, if a defendant knows about the lawsuit before being served, must the plaintiff still carry out formal service?
In general, if a defendant knows about the lawsuit before being served, must the plaintiff still carry out formal service?124A plaintiff sued a defendant in federal court. Both parties resided in the state in which the plaintiff filed suit. The plaintiff emailed a copy of...
A plaintiff sued a defendant in federal court. Both parties resided in the state in which the plaintiff filed suit. The plaintiff emailed a copy of the complaint to a mutual acquaintance of the plaintiff and the defendant. The acquaintance then emailed the complaint to the defendant. The defendant replied to this email, saying, “I read the complaint, and I am shocked to learn that I’m being sued!” Ignoring any issue of state-law methods of service, has the defendant received legally adequate notice of the suit?125What is venue?
What is venue?126If venue is initially proper in a federal case, must venue be reevaluated when parties or claims are added?
If venue is initially proper in a federal case, must venue be reevaluated when parties or claims are added?127What is the doctrine of forum non conveniens?
What is the doctrine of forum non conveniens?128In ruling on forum non conveniens, must the court first consider whether the plaintiff can obtain an adequate remedy in an alternative judicial sys...
In ruling on forum non conveniens, must the court first consider whether the plaintiff can obtain an adequate remedy in an alternative judicial system?129If an adequate alternative forum exists, what other factors must the court consider in ruling on forum non conveniens?
If an adequate alternative forum exists, what other factors must the court consider in ruling on forum non conveniens?130A plaintiff sued a defendant in federal court, alleging that the defendant injured the plaintiff in a foreign country. The plaintiff sought $500,00...
A plaintiff sued a defendant in federal court, alleging that the defendant injured the plaintiff in a foreign country. The plaintiff sought $500,000 in compensatory damages. The accident site, the witnesses, and the physical evidence are all in the foreign country. The defendant moved to dismiss based on forum non conveniens, arguing that it would be more appropriate to litigate the case in the foreign country. The tort law of that country allowed full compensatory damages. However, that country’s law required the plaintiff to prove a case by clear and convincing evidence, which is a higher standard of proof than the preponderance-of-the-evidence standard that would apply in federal court. Based on the higher burden of proof, is the foreign court an adequate alternative forum for purposes of forum non conveniens?131When a case is removed from state court to federal court, what is the proper federal venue?
When a case is removed from state court to federal court, what is the proper federal venue?132In a federal civil case, where does an individual reside for purposes of venue?
In a federal civil case, where does an individual reside for purposes of venue?133If an entity or organization is a plaintiff, where does that entity or organization generally reside for purposes of venue?
If an entity or organization is a plaintiff, where does that entity or organization generally reside for purposes of venue?134If an entity or organization is a defendant, where does that entity or organization generally reside for purposes of federal venue?
If an entity or organization is a defendant, where does that entity or organization generally reside for purposes of federal venue?135A plaintiff intended to sue a corporation in federal court for breach of contract. The plaintiff wanted to file the suit somewhere in State A. The ...
A plaintiff intended to sue a corporation in federal court for breach of contract. The plaintiff wanted to file the suit somewhere in State A. The corporation was a citizen of State B. State A had three federal judicial districts: the northern district, the southern district, and the middle district. The contract was negotiated in the northern district. The corporation had no presence or other dealings in the middle district or the southern district. Assuming that State A had personal jurisdiction over the corporation based on this activity, where, within State A, does the corporation reside for purposes of venue?136If a resident of a foreign country is a defendant in a federal civil case, where is the defendant subject to venue?
If a resident of a foreign country is a defendant in a federal civil case, where is the defendant subject to venue?137What are the three definitions of proper venue under the general federal-venue statute?
What are the three definitions of proper venue under the general federal-venue statute?138A plaintiff sued three individual defendants in federal court. The events giving rise to the suit occurred in the northern district of State A. The...
A plaintiff sued three individual defendants in federal court. The events giving rise to the suit occurred in the northern district of State A. The first defendant lived in the northern district of State A, the second defendant lived in the southern district of State A, and the third defendant lived in the northern district of State B. Where is venue proper?139May federal venue be determined by a valid forum-selection clause, regardless of the general federal-venue statute?
May federal venue be determined by a valid forum-selection clause, regardless of the general federal-venue statute?140The plaintiff sued the defendant for breach of contract in a United States district court for the southern district of State A. The contract was ne...
The plaintiff sued the defendant for breach of contract in a United States district court for the southern district of State A. The contract was negotiated, executed, and breached in the middle district of State A. The defendant lived in the northern district of State B. The contract included the following clause: “The parties agree that any dispute arising under this contract shall be litigated in the southern district of State A.” Assuming that this clause is legally valid and that there are no extraordinary circumstances that would affect venue, is venue proper in the southern district of State A?141If the initial venue is proper in a federal civil case, what legal standard must be met for a change of venue?
If the initial venue is proper in a federal civil case, what legal standard must be met for a change of venue?142If the initial venue is proper in a federal civil case, to which other court or courts may the case be transferred?
If the initial venue is proper in a federal civil case, to which other court or courts may the case be transferred?143If the initial venue is improper in a federal civil case, what two options does the court have to cure the defect?
If the initial venue is improper in a federal civil case, what two options does the court have to cure the defect?144May a federal court transfer a case on improper-venue grounds if the transferring court lacks personal jurisdiction?
May a federal court transfer a case on improper-venue grounds if the transferring court lacks personal jurisdiction?145May a defendant in a federal civil case challenge venue for the first time during trial?
May a defendant in a federal civil case challenge venue for the first time during trial?146May a federal court transfer a civil case to a state court if the state court is a more appropriate place to try the case?
May a federal court transfer a civil case to a state court if the state court is a more appropriate place to try the case?147If a venue in a civil case is improper, and no party objects to venue, what effect does the improper venue have on the court’s jurisdiction?
If a venue in a civil case is improper, and no party objects to venue, what effect does the improper venue have on the court’s jurisdiction?148May the plaintiff in a federal case move for a change of venue?
May the plaintiff in a federal case move for a change of venue?149If the initial venue is proper in a civil case, will a transfer generally change the applicable law?
If the initial venue is proper in a civil case, will a transfer generally change the applicable law?150A plaintiff sued a defendant in a federal diversity case, alleging personal injury. The claim was governed by the law of State A. The plaintiff fil...
A plaintiff sued a defendant in a federal diversity case, alleging personal injury. The claim was governed by the law of State A. The plaintiff filed suit in the western district of State A, where the injury occurred. The defendant, who lived in the district of State B, moved for a change of venue. The court granted the motion and transferred the case to the district of State B. Assuming that the transfer was proper, after the transfer, which state’s law will govern the tort claim?151What is the amount in controversy required for diversity jurisdiction?
What is the amount in controversy required for diversity jurisdiction?152The well-pleaded-complaint rule states that a case arises under federal law only if ___________.
The well-pleaded-complaint rule states that a case arises under federal law only if ___________.153Supplemental jurisdiction allows federal courts to hear claims that would otherwise fall outside the court’s original jurisdiction if the supplemen...
Supplemental jurisdiction allows federal courts to hear claims that would otherwise fall outside the court’s original jurisdiction if the supplemental claim and the original claim ________.154What are the two main due-process requirements that must be satisfied for a state to assert jurisdiction over a defendant under its long-arm statute?
What are the two main due-process requirements that must be satisfied for a state to assert jurisdiction over a defendant under its long-arm statute?155What must a plaintiff serve on a defendant to effect proper service?
What must a plaintiff serve on a defendant to effect proper service?156Under the general federal venue statute, venue is proper in: (1) a district in which any defendant resides, if __________ ; (2) a district in which...
Under the general federal venue statute, venue is proper in: (1) a district in which any defendant resides, if __________ ; (2) a district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought, a district in which ________.