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Civil Procedure Final 137 Questions & answers latest update 2024/2025 with complete solution
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Civil Procedure Final 137 Questions & answers latest update 2024/2025 with complete solution
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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)
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, 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
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