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LEB 320F UNIT 1 Test with Questions Solved 100% Correct | Verified
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LEB 320F UNIT 1 Test with Questions Solved 100% Correct | Verified
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LEB 320F UNIT 1 Test with Questions Solved100% Correct | Verified
The 2 ways to get to Federal Court - ✔✔1) Federal question
2) Diversity of Citizenship
Diversity of Citizenship - ✔✔-complete diversification (P and D are from different states)
AND
-suing for >$75k
Personal Jurisdiction - ✔✔-Involves a person/party
-Requires jurisdiction over said person/party
In Rem Jurisdiction - ✔✔Involves status or property (deals with subjects other than persons)
Federal (Civil) Subject Matter Jurisdiction - ✔✔1) Federal Question
2) Diversity of Citizenship
Federal Question - ✔✔-Violation of Federal Law
1) Plaintiff must raise Federal claim *REQUIRED*
2) Pendent/Ancillary Jurisdiction (Whether mixed claims are RELATED - Fed can hear them all)
3)Exclusive (ONLY Fed can handle)
OR
Non-exclusive/Concurrent (States may handle)
Jurisdictions over Corporations - ✔✔-Incorporation: where company was formed
, -Principal Place of Business: Nerve Center/HQ
SMJ Removal Jurisdiction - ✔✔-Moving from State to Federal court
-Concurrent:
>Non-exclusive Federal Question (YES, involves fed law)
>Diversity of Citizenship (yes, unless Defendant is sued in own state)
Courts that have SMJ on an issue also have ____ - ✔✔Personal jurisdiction
Ways to establish Personal Jurisdiction (ONLY NEED ONE) - ✔✔1) Legal Appearance
2) Service of Summons
3)Long-arm Statute
Legal Appearance - ✔✔-Taking any formal step to defend
-cannot appeal if taken
Service of Summons - ✔✔-Official notice from a court
-Can only be served to defendant if they are in forum state
Long-arm Statute - ✔✔-Set by states according to guidelines by Supreme Court
-Reaches out of state defendants who have SUBSTANTIAL CONTACT with forum state
Substantial Contact can be ______ or ______ - ✔✔General or specific
General substantial contact - ✔✔Defendant has ongoing contact with forum
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