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Civil Procedure Answer Outline PDF
Civil Procedure Answer Outline PDF
I. Initial Answer____________________________________________________________________
II. Citizenship (= Domicile + Intent)____________________________________________________
III. Personal Jurisdiction_____________________________________________________________
A. Is there a state Long Arm Statute?
2. If in Federal Court, there is only PJx if the State Court would have PJx.
1. Yes
(2) Consent
(4) Minimum Contacts
2. No
a) Why not?
(1) Why?
(a) Domicile
(b) Consent
1. Yes
(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.
(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?
(1) Why?
1. Yes
a) Why?
(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
(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
(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
V. Venue____________________________________________________________________________
A. Is STATE venue proper?
2. No
a) Why not?
a) Any judicial district in which a Def. resides (domiciled) IF all defendants are
residents of the same state; OR
c) A judicial district in which a substantial part of property that is the subject of the
action is located in; OR
2. No
a) Why not?
C. Special Cases/Note
a) Patent
b) Copyright
c) Interpleader Actions
VI. Conclusion_______________________________________________________________________