In personam: Jurisdiction over Δ personally Personal service

and/or property inside forum state

In Personam
Personal In Rem Domiciliary
In rem: Jurisdiction over a particular item
Jurisdiction Quasi in Rem does not Jurisdiction based
of Δ’s property. Ct. has power to adjudicate
bind Δ personally Upon Consent
rights of all persons in world over the
country
Minimum
Quasi in rem: Ct. has jurisdiction over contacts
particular individuals with respect to
specific property Long arm statutes
w/in 100 miles of
Fed/ Ct.

To all civil actions If SMJ exists,

SMJ extends arising under U.S. Amount in No minimum No diversity of Joinder federal court may
(Federal question) Constitution, Controversy amount required Diversity parties required of claims add (append)
treaties and federal related state law
laws actions to federal
claim

Diversity Δ & π =
different states Must apply Π has both a
substantive law of federal & state
SMJ Requirements Erie Doctrine forum state Supplemental claim against Δ
(Diversity) 75,000 + amount in (Fed. Ct.) Jurisdiction
controversy
Procedural rules Federal ct. may
Aggregation of apply federal rules of join both claims
amount allowed civil procedure
 District where any (1) Where any Δ Corporate Δ resides
Venue Diversity Δ resides Federal claim resides Corporate where it has sufficient
(judicial district cases Residency contacts
where action may Where claim (2) Where property
be brought) occurred that us subject of Corporate π resides in
action is located state of its
Or substantial part incorporation
of claim occurred If 1 and 2 cant be
satisfied then
wherever Δ can be
found

Transfer of Convenience of parties Law applicable

Venue Factors upon transfer Law of transferor court generally applies
Convenience of witnesses
Transferee court law applies if original venue
FNC was improper

Where material event

occurred

Removal Permitted Δ may remove a fed.
question action from state to
Fed. Ct.
Diversity removal not
Limitation permitted if one of Δ’s is a
citizen of the same state as
the π
Dismissal of Removal If diversity does not exist
nondiverse party Allowable because a party is a co-
citizen of an opposing party
their removal is permitted of
non-diverse parties are
thereafter dismissed
 (1) Lack of SMJ After all pleadings Motion may be made
Motion to Grounds for (2) Lack of PJ Judgment on completed Summary at anytime usually
Dismiss Dismissal (3) Improper Venue pleadings Judgment after pleadings
(4) Insufficient process FRCP 12(c) Motion denied
(5) Insufficient service of unless there are no Motion granted if no
process facts to support genuine issue of
(6) Failure to state a claim cause of action material fact exists
(7) Failure to join
necessary party

Δ never makes an appearance Can Δ collaterally attack for Can Δ collaterally attack
Collateral PJ & default judgment is entered lack of PJ? Yes, but if Δ loses Summary judgment because of lack of
Attack on PJ issue default judgment Judgment SMJ? Yes, if judgment was by
stands default. No, if it was a contested
action

Joinder of Permitted Party allowed to join Compelled If failure to join could

Claims (permissive) as any claims as she (compulsory) result in splitting of
has against opposing cause of action
party
Example: π had suffered
both property loss &
personal injury resulting
from auto accident
Joinder of Permissive Multiple π’s may join if each
Parties seeks relief on same claim
from same transaction
One π may join several Δs in
one claims hat arises from
same transaction
Necessary May be granted for failure to join
(Indispensable Parties) indispensable party
Exception: if joinder is impossible
(e.g. joinder would destroy diversity)
action may proceed w/ outsider
viewed as a necessary not
indispensable party

If person “is or may be

liable” to Δ
Impleader 3rd party practice
to add persons to
Δ seeks indemnity or
the suit
contribution

Motions for
Motions for Summary
judgment on Judgment
the pleadings
Time Trial
Dispositive Motions
and Timing of Motions

Motions to
dismiss Motions
Motion for for JML
Judgment by
Default