COMPASS Jurisdiction, Venue & COL

Abbreviations (in order of appearance): @ = Complaint
..............................................................Fed - federal
..............................................................Ct = court
..............................................................SMJ = Subject matter jurisdiction
..............................................................IPJ = In personam jurisdiction
..............................................................BTW = by the way
..............................................................LAS = Long-arm statute
..............................................................COL = Choice of Law
..............................................................DP = Due Process

JURISDICTION:
.....Subject Matter (SMJ) Source = Constitution Art III (Judicial branch) & implementing federal statutes eg, 28 USC 1331 Federal Question SMJ
..................................................................................................................................................................& 28 USC 1332 Diversity SMJ
..........Federal Question SMJ
................* 4 corners of SMJ = (1) Federal Question SMJ; (2) Diversity SMJ; (3) Supplemental SMJ; and (4) Removal (state to fed ct) SMJ.
................* P's complaint must properly be the basis of federal question SMJ---not the D's defense (the Fed defense may be asserted in state court) (Mottley)
................* Para. 1 of the Complaint (as we'll see in Pleadings): What statute is P suing under & Does D's conduct allegedly fall within the terms of that statute?
................* Case may also arise directly under US Constitution when there is no applicable statute. (Re my final exam & bar exam: "Don't hold your breath.") OR
...................certain matters arising under International Law (let's not go there---the Int'l Law prof told me I already have enough mat'l with which to confuse you).
..........Diversity SMJ
................* Element #1---Domicile: no P and no D same state (Mas). Where's a corporation domiciled? (Judicial Code)
................* Element #2---Amount in controversy: > 75k (legal certainty test favors P) [AFA Tours]. What's "injunctive relief?" How is it valued for this purpose?
................* Sidebars: Academic Week 2 Multiforum Jurisidcition Act & Week 13 Class Action Fairness Act
..........Supplemental SMJ
................* Part of fed @ does not satisfy either Fed Quest or Diversity. Should the same case thus be heard by both state and federal court?
................* Common nucleus b/t fed & non-fed allegations
................* Evidence overlap, if case were to be heard in both state & fed courts
................* Note--applies to both Fed Question and Diversity cases (Owen v. Kroger)
................* Gibbs = pendent claim---which claim(s)?
................* Aldinger = pendent party (what D could not be independently sued in fed ct?) Ignore the Aldinger/Owen web diagram if yer feeling comfy.
................* Owen = ancillary claim and party (who's that?)
................* Allapattah = if 1 P > 75k, others can piggyback (applies to both class actions and smaller individual actions)
..........Removal SMJ
................* Concurrent SMJ: P choice state or fed. If P chooses state ct, D can remove to fed ct.
................* Exception: resident D cannot remove on basis of diversity.

.....Peronal Jurisdiction (IPJ) ...Source = fed constitutional Due Process clause
.....Jurisdiction over defendant:
..........Long-arm Statute.. (Step #1 = state statutory construction) (two types of LAS) [this comes later in the book]
...............Gray: What is the key word in the state LAS?
..........Minimum Contacts (Step #2 = federal Due Process check)
...............Pennoyer---Hess---Intl Shoe progression. Without #1 & #2, you'll never understand #3 (Intl Shoe)
..........BTW -> What is service of process? How do you serve an agent under Rule 4 [Nat'l Equip & Hellenic Challenger]?

.......Jurisdiction over defendant's property (e.g., can't find her to serve with process)
..........D's Property (IPJ in disguise)
................Balk: What was the "property" that was seized within the MD forum? Nite that it travelled to all jurisidictions through which debtor Harris travelled.
..........................To whom did this "property" belong?
................Shaffer: "mere presence alone" of D's property in the forum no longer = automatic "rem" (thing) jurisdiction.
..........................The rules makers later added the FRCP 4n requirement that to proceed against D's
...............................property, P has to first address what efforts were undetaken to achieve IPJ via service on the D.
.............Jurisdiction in a Nutshell: click here (schematic will work for some, but not for all)

.....Due Proc applications for all of above:
.........."Notice" (best practical under circumstances) [Mullane], "and"
.........."Opportunity" (D must be able to prevent deprivation before court order) [Fuentes] Note: exigent circumstannces exception.]

VENUE
...........Venue = where filed/place trial. (Default rule: where D resides or claim arose) & for corporation, where P can obtain IPJ over D. [28 USC 1391]
................BTW, what is a "local" action?.[Reasor-Hill] Why does it matter? The basic distinction is that in some jurisdictions (vintage rule), if claim involves real property it's a local action.
.....................................................................................................................Modernly, only title to real property is a local action. Anything else = transitory. Sue D where can find,
......................................................................................................................................................................................................aka per 1391 general federal venue statute.
..........Transfer, per 28 USC 1404(a). (D motion "better place for trial," e.g., access disxcovery and trial evidence).
...................................................Step #1: Hoffman "where it might have been brought" [end of USC 1404a]
................................................................Step #2: Piper Aircraft "convenience factors" [beginning of USC 1404a]

COL = Choice of Law or Governing Law
..... Substantive Law (Fed Quest case = fed substantive law & Diversity = state substantive law)
...........State substantive law applies in a diversity-based federal case. (What is "substantive" law? Doesn't the US SCt essentially say that this difference does not matter? Is too theoretical?)
...........Erie-Klaxon rule is easy to apply...now for the tough and testable part of this material in this class, on most state bars, and in practice:

......Procedural Law (state & fed procedure arguably differ in a significant way)
............FIRST: There is only one testable scenario -> (a) federal judge, (b) exercising Diversity jurisdiction, (c) having to choose b/t state and federal procedure.
.........................(If FQ jurisdiction, fed subst law applies.)
...........York = "Outcome Determinative" test-> Is the difference b/t st & fed procedure a big deal on the facts of the particular case?
...........Bryd = If no strong competing fed interest, then "balance" respective st-fed interests to see which system cares most abt applying its procedural law.
.......... Hanna = Is there an F.R.C.P. "on point"? [Hanna]
.........................(i.e., if a 1 or 2 digit F.R.C.P. applies, then it's on point & thus ncontrols, w/o regard to inconsistent state law)
.......... Is there a "fed rule civil procedure" not in the F.R.C.P. that could apply---and thus not "on point" in the Hanna sense?
.........................("balance"-> which system greatest interest based on facts of particular case) [Byrd]

.........COL in a Nutshell: click here

..Last rev: 10/05/09