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Civ Pro 2


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dist courts have original jxn when, acc to 1332a?
dist courts shall have original jurisdiction over civil actions with amount in contro exceeding 75k, between
1. citizens of diff states
2. citizens of a state and citizens or subjects of another state, etc.
where is a corportation a citizen? 1332c1
any State in which it has been inc'd and any state where it has its PPB, with the exception of insurance cases
what is a federal question? 1331
the dist courts shall have original jxn of all civil actions arising under the Const, laws, or treaties of the US
except as noted in b and c or by Fed Statute, anytime dist courts have original jxn of a 'civil action', they shall also have supplemental jxn over all other claims that are so related to that original claim that they form part of the same claim or controversy under art III of the US Const. This can include joinder or intervention of add'l parties.
when the original jxn is founded on 1332, the courts do not have supp jxn over claims made by plaintiffs against defendants brought in under 14 (3rd party), 19 (joinder), 20 (permissive joinder), or 24 (intervention), or over Plaintiff claims when the plaintiff has been joined under 19 or intervening under 24. (Note, if you are a P who came in under 20 (permissive joinder) or 23(class action) there is supp jxn over your claims).
when can dist courts decline supplemental jxn that is otherwise good? 1367c
1. the claim raises a novel or complex issue of state law
2. the state claim substantially predominates over the claim that the court had orig jxn over
3. the dist ct has dismissed all of the claims under orig jxn
4. exceptional circumstances with 'other compelling reasons'
under diversity jxn, where may a civil action be brought? 1391a
1. a judicial dist where any D resides, if all D's are in same state
2. a judicial dist where a substantial part of the event/omission occurred, or where a substantial part of the property in question is
3. or, if these two don't work, any dist where ANY D is subj to pers jxn
when not founded on diversity, where may a civil action be brought? 1391b
only in
1. a dist where any D resides, if all in the same state
2. a judicial dist where a substantial part of the event/omission occurred, or where a substantial part of the property in question is, or
3. a dist in which any D may be found, if there is no other suitable dist
how are corporations treated under 1391c?
they are deemed to reside in any dist in which it is subj to pers jxn when the action is commenced. with states with several districts, treat the districts as states, and if there is not a dist where it is subj to pers jxn, then use the dist with the most contacts
when are actions removable from state court to federal court? 1441
any civil action that could have been brought under the original jxn of a dist ct may be removed to the dist ct of that state by the defendants
can defendants seek removal based on a claim or right 'arising out of the const'? 1441b
yes. diversity does not matter for these cases. (but see next card.)
when is removal for an otherwise valid diversity jxn claim not allowed and why? 1441b
when the defendants are citizens of the State in which such action is brought. this is because there is no 'neutrality' issue. the forum is already fair to the D.
to where may the district court change venue of a civil action? 1404a
to any district or division where it might have been brought.
what is required for the parties to change from one division to another? 1404b
motion, consent, or stipulation of all parties may allow transfer, at the discretion of the court
according to 1404c, what can a district court order
that the civil action be tried at any place within the division in which it is pending.
what happens if a case is in the wrong division or district? 1406a
the court can either dismiss or transfer (if it is in the interest of justice) to any district or division in which it could have been brought.
can jurisdiction be impaired when there is a lack of timely and sufficient objection to the venue? 1406b
what are the main differences between transfer and forum non conveniens?
courts have greater leeway under 1404 and 1406; no motion is required, and they can transfer instead of dismissing.
which of the following is non- waivable?
subject matter jxn
personal jxn
insufficient process
insufficient service
subject matter jxn - if there is not fed question jxn or diversity jxn, the dist court can't hear case. for waiver of other categories, see 12h1.
which of the following can be done sua sponte?
transfer and FNC; removal requires defendant's motion

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