Personal and subject matter jurisdiction, Erie, pleadings, joinder, discovery, and summary judgment.
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- What is personal jurisdiction?
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A court's power to exercise authority over a defendant personally, established by minimum contacts with the forum state and fairness.- What test determines whether a court has personal jurisdiction?
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International Shoe test: the defendant must have minimum contacts with the forum such that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.- What are 'minimum contacts' in the context of personal jurisdiction?
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Sufficient connections between the defendant and the forum state that the exercise of jurisdiction is fair, measured by the defendant's purposeful availment and the relatedness of the claim.- What does 'purposeful availment' mean in personal jurisdiction analysis?
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The defendant must have deliberately engaged in conduct or created contacts with the forum state, rather than having contacts result from unilateral action by the plaintiff or a third party.- What is specific jurisdiction?
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Jurisdiction based on the defendant's contacts with the forum state that relate to the plaintiff's claim, requiring the defendant have purposefully availed themselves of the forum.- What is general jurisdiction?
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Jurisdiction allowing a court to hear any claim against a defendant based on the defendant's substantial and continuous contacts with the forum state, independent of whether the claim arises from those contacts.- How did Daimler AG v. Bauman narrow general jurisdiction?
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Daimler held that general jurisdiction requires the defendant's contacts be so substantial and of such a character as to render the defendant essentially at home in the forum, which typically only applies to a corporation in its state of incorporation and principal place of business.- What is the stream of commerce theory of jurisdiction?
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A defendant who places goods into the stream of commerce with knowledge they will reach the forum state has purposefully availed itself of the forum, but only if the claim relates to that activity.- What role does a long-arm statute play in establishing personal jurisdiction?
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A long-arm statute defines the extent of a state's territorial reach for jurisdiction; however, jurisdiction cannot exceed constitutional limits under the Due Process Clause even if the statute permits it.- What is subject matter jurisdiction?
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A court's constitutional and statutory power to hear a certain category or type of case, determined by the nature of the claim or the identity of the parties.- What is federal question jurisdiction?
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Federal jurisdiction over civil actions arising under the Constitution, federal statutes, or federal treaties, granted by 28 U.S.C. section 1331.- What is diversity jurisdiction?
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Federal jurisdiction over civil actions where there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000, granted by 28 U.S.C. section 1332.- What does the 'complete diversity' rule require?
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In a case based on diversity jurisdiction, there must be complete diversity of citizenship: every plaintiff must be of different citizenship from every defendant.- What is the amount in controversy requirement in diversity cases?
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The plaintiff's claim must exceed $75,000, exclusive of costs and interest, to invoke federal diversity jurisdiction.- Can the parties waive subject matter jurisdiction?
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No, subject matter jurisdiction cannot be waived; a court must have it regardless of the parties' consent, and it can be challenged at any stage of the litigation.
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