Exam (elaborations)
Civil Procedure Final 137 Questions & answers latest update 2024/2025 with complete solution
- Course
- Institution
Civil Procedure Final 137 Questions & answers latest update 2024/2025 with complete solution
[Show more]
Content preview
STUVIA 2024/2025Civil Procedure Final
Service of process: the plaintiff serves a summons and a copy of the complaint on the defendant. -
✔✔What happens after a civil action is filed in federal court?
Must be delivered to a registered agent of the company or at least an office/managing agent. -
✔✔How do you serve a corporation?
if the defendant is not served within 90 days of the complaint being filed, the court must dismiss the
action without prejudice. - ✔✔Time limit for service
Diversity jx and federal question jx - ✔✔2 types of subject matter jurisdiction
diversity of citizenship (different states) + amount in controversy >$75k. - ✔✔diversity jx
where citizens of the same state appear on both sides of a dispute, diversity jx. is unavailable. -
✔✔complete diversity
US citizen + domiciled in state A - ✔✔citizenship of state A =
%
2 citizenships: state of incorporation + principal place of business ("nerve center") - ✔✔citizenship of
a corporation for diversity jx
place of residency + intent to remain for an indefinite period of time. - ✔✔domicile
alien v. alien
alien v. us citizen + alien (destroys complete diversity) - ✔✔what parties do federal courts not have
diversity s-m jx over? (2)
determined by the citizenship of the decedent, not the executor of the estate. - ✔✔citizenship of an
estate?
stateless persons do not qualify for federal diversity jx (us citizens domiciled abroad are considered
stateless for diversity purposes.) - ✔✔diversity jx and stateless persons
as a citizen of state A - ✔✔How is a foreign permanent resident who is domiciled in state A treated
for diversity purposes?
a party may aggregate its multiple claims against a single other party (1 P sues 1 D) -
✔✔aggregation (for amount in controversy)
stuvia
, STUVIA 2024/2025
Federal courts have jx over claims arising out of the U.S. Constitution or the laws and treaties of the
United States.
Exclusive Federal Jx--Federal courts have exclusive jx over certain types of claims, which must be
heard in federal court:
1) Bankruptcy
2) Patent and Copyright
3) Federal Antitrust Claims
4) Postal Matters - ✔✔federal question jx
the plaintiff may chose where to file, but the defendant can seek to remove a case from state to
federal court. - ✔✔removal
"forum state defendant rule" : D cannot remove to federal court if sued in the state court in which they
are domiciled. - ✔✔exception to the removal doctrine (federal q jx)
as an issue in the answer to the complaint - ✔✔when is an issue of personal jx raised?
suits involving only unrelated forum state contacts (must have unity between the defendant and the
%
forum state only) - ✔✔general personal jx
domicile and citizenship. - ✔✔what to look for for general personal jx of an individual
look to the state of incorporation and/or headquarters - ✔✔what to look for for general personal jx of
a corporation
there must be a relationship between the defendant, the forum state, and the claims in the suit -
✔✔specific personal jx
yes - ✔✔does physical contact confer specific personal jx?
maybe, if the contacts sufficiently targeted the forum state.
targeting the forum = location of the impact was intended, not just accidental. - ✔✔does non-physical
contact confer specific personal jx?
no. - ✔✔is doing business in the forum state enough to confer specific personal jx?
state statutes intended to allow a court to reach into another state and exercise jurisdiction over a
nonresident defendant due to the defendant's conduct or other circumstances
stuvia
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ACTUALSTUDY. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79650 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now