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Civil Procedure Jurisdiction

This document analyzes whether a superior court in jurisdiction X can assert jurisdiction over jurisdiction Y in a civil case. It first examines whether general jurisdiction exists through personal service, traditional bases like domicile or business contacts. It then considers whether specific jurisdiction exists depending on if the claims reasonably relate to or arise from the defendant's contacts in X as outlined in the relevant statute and case law. Finally, it addresses if, assuming X has personal jurisdiction, defendant Y could remove the case to federal court, requiring diversity of parties, an amount in controversy over $75,000, and satisfaction of the tests for subject matter jurisdiction and complete diversity.

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181 views2 pages

Civil Procedure Jurisdiction

This document analyzes whether a superior court in jurisdiction X can assert jurisdiction over jurisdiction Y in a civil case. It first examines whether general jurisdiction exists through personal service, traditional bases like domicile or business contacts. It then considers whether specific jurisdiction exists depending on if the claims reasonably relate to or arise from the defendant's contacts in X as outlined in the relevant statute and case law. Finally, it addresses if, assuming X has personal jurisdiction, defendant Y could remove the case to federal court, requiring diversity of parties, an amount in controversy over $75,000, and satisfaction of the tests for subject matter jurisdiction and complete diversity.

Uploaded by

lsathater
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Civil Procedure Jurisdiction analysis

Can X Superior court assert jurisdiction on Y

 General Jurisdiction Yes / No

o Personal Service in X
 Pennoyer – Territoriality & personal service
 Burnham (Divorce case, presence in Cali) Present in Territory

o Traditional bases
 Domicile/Residence/presence – Mas v. Perry
 Agency – Long Arm statutes – Hess v. Polowski
 Consent – Long Arm Statute

o Business Contacts
 Perkins – Continuous and Systematic
 Helicopterios – Stream of Commerce

 Specific Jurisdiction – Does it reasonably relate to or arise out of

o §XXX of given statute – i.e. “Fullest extent of Due Process”

o Substantive Due Process (Constitutional Prong) (Sovereignty) Substantial


Justice and Fair Play
 B.K. – Contacts plus and Convenience
 International Shoe – Minimum contacts, fair play and substantial justice,
arising out of, protections of laws.
 Hansen – Purposeful Availment, voluntary and beneficial
 WWVW – Purposeful Availment. Reasonably haled into court
(Convenience), stream of commerce
 Asahi – Stream of Commerce
 Pure – Brennan
 Plus O’connor

o Convenience Factors
 X’s interest – tax dollars for local economy, jobs
 Y’s interest – hard to take witnesses somewhere, harder to travel to
defend (Brennan’s Mobility of Defense)
 See venue and forum non conveniens
o Notice
 Mullane – Reasonably calculated Notice
 Rule 4 FRCP
 X’s Rules of Civil Procedure
 Smaller rules allowing for email or fax or whatever for service

Assuming X can exert Personal Jurisdiction, Can Y Remove to federal court.

 Subject Matter Jurisdiction (2nd prong of §1441)

o May be removed by ∆
o Policy – would want to avoid discrimination against out of stater
o §1332 – Diversity
 Greater than $75,000
 Claim made in good faith
 Strawbridge – Complete diversity 3 part test
 Nerve center – offices, corp decision making
 Muscle (production/distribution)
 Totality test (Big picture)
 Mas – Domicile

If we have Personal Jurisdiction and Subject Matter Jurisdiction and Greaten than $75k
in questions, and complete diversity, Y can remove the case to federal court.

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