Civil Procedure-Bar Exam And verified answers
Contact for Personal Jurisdiction - ANSWERThere must
be relevant contact between D and the forum state. There
are two factors to address:
(1) The contact must result from PURPOSEFUL
AVAILMENT; and
(2)FORESEEABILITY: It must be foreseeable that the D
could get sued in the forum.
Relatedness for Personal Jurisidiction -
ANSWERRelatedness between this contact and P's claim.
, (1) General PJ; or,
(2) Specific PJ.
Fairness in PJ - ANSWER(1) Burden Convenience`;
(2) State's Interest
(3) Plaintiff's Interest
Equitable Relief--Federal Court - ANSWERTwo tests, if
either is met, most courts say it's ok:
Plaintiff Viewpoint: Does the issue decrease the value of
plaintiff's property by more than $75,000?
,Defendant's Viewpoint: Would it cost defendant more than
$75,000 to comply with the injunction?
Cases Federal Courts Won't Hear (Exclusions) -
ANSWEREven if the requirements for a diversity or
alienage case are met, federal courts will decline to hear
the following cases:
(1) Divorce;
(2) Alimony;
(3) Child Custody;
(4) Probate of an Estate.
Narrow Exclusions.
, Federal Question Jurisdiction - ANSWERThe claim in P's
complaint "arises under" federal law (e.g., federal
constitution, legislation).
(1) Is the Plaintiff enforcing a Federal Right?
If the answer is yes, the case can go to federal court under
FQ jurisdiction.
If the answer is no, the case cannot go to federal court
under FQ.
Supplemental Jurisdiction - ANSWERSupplemental
Jurisdiction gets non-federal, non-diversity claims into
federal court.
Contact for Personal Jurisdiction - ANSWERThere must
be relevant contact between D and the forum state. There
are two factors to address:
(1) The contact must result from PURPOSEFUL
AVAILMENT; and
(2)FORESEEABILITY: It must be foreseeable that the D
could get sued in the forum.
Relatedness for Personal Jurisidiction -
ANSWERRelatedness between this contact and P's claim.
, (1) General PJ; or,
(2) Specific PJ.
Fairness in PJ - ANSWER(1) Burden Convenience`;
(2) State's Interest
(3) Plaintiff's Interest
Equitable Relief--Federal Court - ANSWERTwo tests, if
either is met, most courts say it's ok:
Plaintiff Viewpoint: Does the issue decrease the value of
plaintiff's property by more than $75,000?
,Defendant's Viewpoint: Would it cost defendant more than
$75,000 to comply with the injunction?
Cases Federal Courts Won't Hear (Exclusions) -
ANSWEREven if the requirements for a diversity or
alienage case are met, federal courts will decline to hear
the following cases:
(1) Divorce;
(2) Alimony;
(3) Child Custody;
(4) Probate of an Estate.
Narrow Exclusions.
, Federal Question Jurisdiction - ANSWERThe claim in P's
complaint "arises under" federal law (e.g., federal
constitution, legislation).
(1) Is the Plaintiff enforcing a Federal Right?
If the answer is yes, the case can go to federal court under
FQ jurisdiction.
If the answer is no, the case cannot go to federal court
under FQ.
Supplemental Jurisdiction - ANSWERSupplemental
Jurisdiction gets non-federal, non-diversity claims into
federal court.
