CP Quick Reference sheet - 1 Personal Jurisdiction In what...

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In what states can the P sue the D? Analysis the same for state or federal. To have PJ you must have power over the D himself, or the D’s property. General Jurisdiction Specific Jurisdiction General jurisdiction exists where the defendant has been: 1. served within a state, 2. has extensive contacts within the state, 3. has consented to suit in the state, OR 4. is a resident of the state. Specific jurisdiction exists where the defendant: 1. has “minimum” contacts with a state, 2. the suit arises from those contacts, AND 3. asserting jurisdiction over the defendant would not offend traditional notions of fair play and substantial justice. Subject Matter Jurisdiction – Can a Federal Court hear the case? FQ §1331 Diversity §1332 Supplemental §1367 A federal court will only hear state law claims under § 1331 if the resolution of the state law claim: 1. requires a court to interpret federal law 2. the federal issue is important to the federal government, AND 3. deciding the case would not open the door to large numbers of state claims that would be diverted from state to federal court. A fed court will only hear claims under §1332 if: 1. All Ps must be diverse from all Ds AND , 2. Amount in Controversy must be more than $75,000 Needs “ Anchor Claim §1331 Anchor 1. claim likely arises from the same transaction or occurrence AND 2. does not apparently impinge any state interests identified in C Problems. §1332 Anchor: claim may appear in federal court if it 1. arises out of the same transaction or occurrence 2. No B Problems. 3.
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This note was uploaded on 04/15/2008 for the course CIVIL PROC 101 taught by Professor Fullerton during the Fall '07 term at Brooklyn Law School.

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CP Quick Reference sheet - 1 Personal Jurisdiction In what...

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