Hannah Odom Civil Procedure Answer Outline

I. Initial Answer____________________________________________________________________
II. Citizenship (= Domicile + Intent)____________________________________________________
III. Personal Jurisdiction_____________________________________________________________
A. Is there a state Long Arm Statute?

1. If in State Court, does the LA statute effect PJx?

2. If in Federal Court, there is only PJx if the State Court would have PJx.

B. Does the given court have PJx?

1. Yes

a) Basis for PJx


(1) Domicile
(3) Physical Presence

(2) Consent
(4) Minimum Contacts

2. No

a) Why not?

b) If not, what court(s) would have PJx?

(1) Why?

(a) Domicile

(b) Consent

(c) Physical Presence

(d) Minimum Contacts

i) Purposeful Availment (Y)

ii) Continuous and Substantial Business (Y)

IV. Subject Matter Jurisdiction_______________________________________________________

A. Does the given court have SMJx?

1. Yes

a) Basis for SMJx

(1) State Court

(a) State Courts possess general jurisdiction over all claims unless it is an
issue that can only be decided by a Federal Court. See below.

(2) Federal Court

(a) Complete Diversity

i) Does a single claim, or do aggregated claims against one party, meet

the $75K amount-in-controversy requirement?

(b) Federal Question

(c) Supplemental Jurisdiction

(d) Federal Courts have exclusive SMJx over the following cases:

i) Bankruptcy
iv) Maritime Law

ii) Patent
v) Military

iii) Copyright
vi) Immigration Law

2. No

a) Why not?

b) Which court(s) would have SMJx?

(1) Why?

B. Does the Defendant have Removal Jx?

1. Yes

a) Why?

(1) The Plaintiff’s claim could’ve been originally brought in FC; OR

(2) The claim was not properly before the state to begin with (i.e. FCs have
exclusive jurisdiction over the claim) so state had no SMJx at all

(3) All notified Defendants consent to removal; AND

(4) The Def. files notice of removal within 30 days of receiving P.’s pleading in
the state suit; AND/OR

(5) The Def. includes evidence supporting RJx in the notice; AND/OR

Hannah Odom Civil Procedure Answer Outline

(6) Plaintiff waives objection to removal by failing to remand within 30 days of

removal

b) Is the new forum proper?

(1) Def. CANNOT remove to another SC, a FC in another state, or even another
FC in a different district

2. No

a) The claim could’ve been brought in FC, but the Def. is “at home” anyway (no SC
bias concern)

b) There is no diversity or FQ

c) Diversity is present, but the AIC is not met

d) Plaintiff remands BACK to SC within 30 days of removal

e) Plaintiff remands BACK to SC on basis of lack of SMJx at anytime

V. Venue____________________________________________________________________________
A. Is STATE venue proper?

1. Yes; the suit is brought in a county where

a) One of the parties resides or does business; OR

b) The claim arose; OR

c) The property in dispute is located

2. No

a) Why not?

B. Is FEDERAL venue proper?

1. Yes; the suit is brought in

a) Any judicial district in which a Def. resides (domiciled) IF all defendants are
residents of the same state; OR

b) A judicial district in which a substantial part of the events or omissions giving

rise to the claim occurred; OR

c) A judicial district in which a substantial part of property that is the subject of the
action is located in; OR

d) If no judicial district is determinable based on the above criteria, suit may be

brought in any judicial district in which any defendant is subject to the court’s
PJx with respect to such action (RARE/FALLBACK)

2. No

a) Why not?

C. Special Cases/Note

1. In cases of REMOVAL, traditional federal venue rules do not apply [1441(a)]

2. Venue is WAIVED by the DEFENDANT if she fails to raise it when responding to

Plaintiff’s complaint [FRCP 12(h)(1)]

3. Contractual FORUM SELECTION CLAUSES are enforceable in SC and in FC (even if

it violates traditional FC venue rules in the absence of a showing of unfairness)

4. Special Exceptions to FC venue rules (28 USC 1400) in cases of

a) Patent

b) Copyright

c) Interpleader Actions

d) Actions Against Fed. Officials

VI. Conclusion_______________________________________________________________________