1.12.11

Jurisdiction-
-the right of a court to hear a case
-Must have Subject Matter & Personal Jurisdiction
-IF COURT DOES NOT HAVE JURISDICTION, ANY JUDGMENT RENDERED IS VOID.

Subject matter jurisdiction in Fed Ct
-Federal laws- civil rights, patents, etc.
-$75k & diversity of citizenship

-Complete diversity- multiple parties
--Each claim must be $75k, cannot add(aggregate) all claims to reach min.
--May have multiple parties from same state.
EX multiple plaintiffs from same state, or multiple defendants from same state, but no plaintiffs and defendants from same state.
--Fix- Dismiss Plaintiff from problem state. Dismissing defendant from problem state may lead to indispensable party issue.

When in FED Ct on STATE law- which state law should apply?
-when in Fed Ct on Diversity- Fed Ct will apply law from state in which it sits.
-EXCLUSIVE jurisdiction- Fed Ct on Fed law
-CONCURRENT jurisdiction- Either/or on diversity & $75k

-If you have FED/St concurrent why one v other?
--Fed faster
--quality of judges higher in fed
--bigger jury pool in fed
--fed jury 6/6, vs state 10/12 for verdict
--fed ct may be uncomfortable for state attorney

-REMOVAL- Plaintiff files in state ct, defendant wants Fed ct., D can file petition for removal of matter to federal ct., but must be timely (30 days from service), AND may only remove to Fed ct if it is proper (matters that could have been filed in Fed ct originally).

12 TYPES OF JURISDICTION-Be able to ID, give definition and example
1.Original
2.Appellate
3.Concurrent
4.Subject Matter
5.Personal
6.Exclusive
7.Supplemental/Ancillary/Pendant
8.General
9.Limited
10.In rem
11.Quasi in rem
12.Removal

Pendant/Ancillary Jurisdiction
-Once Fed ct jurisdiction is established, connected (pendant/ancillary) matters that ordinarily wouldn't be heard here, may be heard for judicial economy.
EX patent case, breach of contract may be added

Appellate jurisdiction
-Look for Prejudicial error of law
-Affirm- we agree with lower ct judgment
-Reverse- winner<>loser
--May appeal appellate decision but difficult to get writ of certiori from supreme ct., must have 5/9 agree to hear.
-Remand- send back to trial level for some additional purpose, may be full new trial, or in-part.

Personal Jurisdiction
Why is it necessary? state cts best versed in state law, and ct established relationship with litigants.
-Ct most concerned with personal jurisdiction over Defendant
Long arm statute- LAS
-Each state has long arm statute- Business, criminal acts, contracts, etc, trigger.
EX International Shoe
-WA claims IS selling shoes in WA and not paying into unemployment fund. IS argued that salesmen in were soliciting orders, but orders are reviewed and approved by St. Louis headquarters.
-Due process- procedural, can we go into St. Louis and make them come to WA?
-"Before you subject yourself to jurisdiction of a foreign ct you must have minimum contacts with that state", as stated by LAS.
-How many pairs of shoes do they have to sell?- "Regular and systematic contact" with the state to trigger LAS.

Waiver of Appearance
-by filing in ct, the party gives the ct personal jurisdiction. If you answer a complaint from a ct that does not have personal jurisdiction, you give the ct personal jurisdiction.
-Cannot waive subject matter jurisdiction.
-1st- check subject matter jurisdiction
-2nd- check personal jurisdiction
-How do you challenge without appearing?
--Special Appearance
--Quash the service on you, ct lacks personal jurisdiction. File 12b2 motion in WA.
--Anything else filed =waiver.

Exceptions/Substitutions to personal jurisdiction
LAS-Long Arm Statute
In rem- if 2 litigants are having fight over property in another state, that state has jurisdiction for purposes of determining rights to that property. Even if no other contact.
EX 2 in california buy boat in Florida, Florida ct has jurisdiction.
Quasi in rem- if we are fighting about anything, but resolution will involve property in that state, then that state has jurisdiction.

Venue
Smaller states- less of an issue/Large states- more complex
In-State Defendant
-Where cause of action arose, or where D, or any of them, resides. (but NOT in county where P resides)(D convenience)
Out of state defendant
-Plaintiff's state residence, or where act-triggering LAS occurred, or where Defendant served. (all counties inconvenient for outofstate D)
-Venue CR 82 & RCW 412.010 et seq.

With a corporate Defendant
-Where corp. has office/does business, or
-Where anyone who can receive service of process resides, or
-where tort was committed, or
-where contract was entered, or
-where corporation has "residence" (incorporated), or
-where the corporation performed the service

Real Estate case-venue=where property is located

Forum non conveniens (inconvenient forum)
Can change venue IF:
-Burden on D/witness is unreasonable, unfair, or a hardship
OR
-Available evidence is located within the venue of the new court
AND
-New court agrees to accept
-Must get permission of the new court

Additional Grounds
-Wrong county
-Cannot obtain an impartial trial
-Judge is disqualified bias or recused

Determining existence of cause of action
-Is this client someone I can help? 1st ID law that applies based on facts.
-Do I have a legal theory, and do the facts support it? Don't get caught up in the gory details of the damages.
-Know what to look for in new clients
-problems
#1- clients lie- will spin things, esp if they've talked to other lawyers
"ok, help me understand how we're going to prove this, I believe you, but..."

Three things every viable cause of action has-must have all three
1. Damages - no damages, no lawsuit, nothing to fix.
2. Liability - of Defendant, someone who did something wrong.
3. Pocket - someone to pay for it. Insurance co. or D with assets.
Judgments good for 7 years, if D gains assets, may collect.