In personam: Jurisdiction over ǻ personally Personal service

and/or property inside forum state

In Personam
c
 In Rem Domiciliary
In rem: Jurisdiction over a 

 






 Quasi in Rem does  Jurisdiction based
of ǻ¶s property. Ct. has power to adjudicate
bind ǻ personally Upon Consent
rights of Y
 in world over the
country
Minimum
Quasi in rem: Ct. has jurisdiction over contacts
Y
 Y
 Y  with respect to
specific property Long arm statutes
w/in 100 miles of
Fed/ Ct.

To all civil actions If SMJ exists,

 extends arising under U.S. Amount in No minimum No diversity of Joinder federal court may
( 
 
) Constitution, Controversy amount required Diversity parties required of claims add (append)
treaties and federal related state law
laws actions to federal
claim

Diversity ǻ & ʌ =
different states Must apply Ȇ has both a
substantive law of federal & state
 Requirements Erie Doctrine forum state Supplemental claim against ǻ
(


) 75,000 + amount in (Fed. Ct.) Jurisdiction
controversy
Procedural rules Federal ct. may
Aggregation of apply federal rules of join both claims
amount allowed civil procedure
 District where any (1) Where any ǻ Corporate ǻ resides
Î  Diversity ǻ resides Federal claim resides Corporate where it has sufficient
(judicial district cases Residency contacts
where action may Where claim (2) Where property
be brought) occurred that us subject of Corporate ʌ resides in
action is located state of its
Or substantial part incorporation
of claim occurred If 1 and 2 cant be
satisfied then
wherever ǻ can be
found



 Convenience of parties Law applicable

Î   Factors upon transfer Law of transferor court generally applies
Convenience of witnesses
Transferee court law applies if original venue
FNC was improper

Where material event

occurred

  Permitted ǻ may remove a fed.
question action from state to
Fed. Ct.
Diversity removal not
Limitation permitted if one of ǻ¶s is a
citizen of the same state as
the ʌ
Dismissal of Removal If diversity does not exist
nondiverse party Allowable because a party is a co-
citizen of an opposing party
their removal is permitted of
non-diverse parties are
thereafter dismissed
 (1) Lack of SMJ After all pleadings Motion may be made



 Grounds for (2) Lack of PJ Judgment on completed Summary at anytime usually


 Dismissal (3) Improper Venue pleadings Judgment after pleadings
(4) Insufficient process FRCP 12(c) Motion denied
(5) Insufficient service of unless there are no Motion granted if no
process facts to support genuine issue of
(6) Failure to state a claim cause of action material fact exists
(7) Failure to join
necessary party

ǻ never makes an appearance Can ǻ collaterally attack for Can ǻ collaterally attack

 PJ & default judgment is entered lack of PJ? Yes, but if ǻ loses Summary judgment because of lack of
  on PJ issue default judgment Judgment SMJ? Yes, if judgment was by
stands default. No, if it was a contested
action



 Permitted Party allowed to join Compelled If failure to join could

 (permissive) as any claims as she (compulsory) result in splitting of
has against opposing cause of action
party
Example: ʌ had suffered
both property loss &
personal injury resulting
from auto accident


Permissive Multiple ʌ¶s may join if each
c

 seeks relief on same claim (Indispensable Parties)
from same transaction
One ʌ may join several ǻs in
one claims hat arises from
same transaction
Necessary May be granted for failure to join
indispensable party
Exception: if joinder is impossible
(e.g. joinder would destroy diversity)
action may proceed w/ outsider
viewed as a necessary not
indispensable party

If person ³is or may be

liable´ to ǻ
 
 3rd party practice
to add persons to
ǻ seeks indemnity or
the suit
contribution

Motions for
Motions for Summary
judgment on Judgment
the pleadings
Time Trial



 






Motions to
dismiss Motions
Motion for for JML
Judgment by
Default