Jurisdiction

Question 1

International Shoe Co. v. Washington (1945) — test for personal jurisdiction?

Accepted Answer

The defendant must have certain minimum contacts with the forum such that the suit does not offend "traditional notions of fair play and substantial justice". (Source: International Shoe Co. v. Washington, 326 U.S. 310 (1945))

Question 2

Pennoyer v. Neff (1878) — basis of jurisdiction?

Accepted Answer

Territorial power: a state court has jurisdiction over persons and property within the state's borders. This territorial approach was later displaced by the minimum contacts test of International Shoe. (Source: Pennoyer v. Neff, 95 U.S. 714 (1878))

Question 3

Diversity jurisdiction requirements under 28 U.S.C. § 1332?

Accepted Answer

Complete diversity of citizenship between all plaintiffs and all defendants (Strawbridge v. Curtiss, 1806) and an amount in controversy exceeding $75,000, exclusive of interest and costs. (Source: 28 U.S.C. § 1332)

Question 4

Federal question jurisdiction — statute and core rule?

Accepted Answer

28 U.S.C. § 1331: civil actions arising under the Constitution, laws or treaties of the United States; under the well-pleaded complaint rule the federal issue must appear in the plaintiff's claim. (Source: 28 U.S.C. § 1331; Louisville & Nashville R.R. v. Mottley (1908))

Question 5

Erie Railroad Co. v. Tompkins (1938) — held?

Accepted Answer

There is no federal general common law; federal courts sitting in diversity must apply state substantive law (and federal procedural law). (Source: Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938))

1.International Shoe Co. v. Washington (1945) — test for personal jurisdiction?

2.Pennoyer v. Neff (1878) — basis of jurisdiction?

3.Diversity jurisdiction requirements under 28 U.S.C. § 1332?

4.Federal question jurisdiction — statute and core rule?

5.Erie Railroad Co. v. Tompkins (1938) — held?