Civil Procedure: Jurisdiction and Venue Basics

Civ pro bar cards — SMJ, PJ, venue, removal, and Erie in one-line form.

12 cards· by GuruOwl

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  1. 01
    What is subject-matter jurisdiction (SMJ)?
    Court’s power over the type of case (federal question or diversity, etc.). Cannot be waived.
    smj
  2. 02
    Federal question jurisdiction (28 U.S.C. § 1331)?
    Civil actions arising under the Constitution, laws, or treaties of the United States (well-pleaded complaint).
    smj
  3. 03
    Diversity jurisdiction requirements (§ 1332 sketch)?
    Complete diversity of citizenship + amount in controversy > $75,000.
    smj
  4. 04
    What is personal jurisdiction (PJ)?
    Court’s power over the defendant — must satisfy a long-arm statute and due process (minimum contacts / fair play).
    pj
  5. 05
    General vs specific personal jurisdiction?
    General: defendant “at home” — any claim. Specific: claim arises out of/relates to defendant’s forum contacts.
    pj
  6. 06
    What is venue generally about?
    Which federal district is a proper geographic place for trial (residence, events, property, fallback).
    venue
  7. 07
    When may a defendant remove a case to federal court?
    If the federal court would have had original SMJ; with timing/forum-defendant limits for diversity removal.
    removal
  8. 08
    Forum-defendant rule (diversity removal)?
    A civil action otherwise removable solely on diversity may not be removed if any properly joined/served defendant is a citizen of the forum state.
    removal
  9. 09
    What is the Erie doctrine about?
    In diversity cases, federal courts apply state substantive law and federal procedural law (with twin aims analysis for gray zones).
    erie
  10. 10
    Supplemental jurisdiction idea (§ 1367)?
    Federal court may hear related claims forming part of the same case/controversy; diversity has special limits on plaintiff claims against nondiverse parties.
    smj
  11. 11
    What is service of process for?
    Giving defendant formal notice of the suit in a manner authorized by rule/statute — needed for PJ in most cases.
    process
  12. 12
    Can parties consent to SMJ?
    No. SMJ cannot be created by consent or waiver; court must dismiss if lacking.
    smj