🎙️ CivPro Midterm Review: Jurisdiction, Venue & Removal Recap

🎙️ Civil Procedure Spotlight: Jurisdiction, Venue & Removal Explained – How Courts Decide Who Can Hear the Case (and Where It Belongs)

In this episode, we break down how courts get authority over a case — and how defendants can move one from state to federal court.

Part 1 – Subject Matter Jurisdiction (SMJ)

SMJ = a court’s power over the type of case.
Federal courts can only hear cases they have statutory power to hear.

• Federal Question (§1331): Case arises under the Constitution, federal law, or treaties.
• Diversity (§1332): Parties from different states + amount in controversy > $75,000.
• Complete Diversity: No plaintiff can share citizenship with any defendant.
• Non-waivable: Can be raised anytime—if missing, the case is void.

Part 2 – Personal Jurisdiction (PJ)

PJ = the court’s power over the defendant. Rooted in due process fairness.

• Rule (International Shoe): Defendant must have minimum contacts with the forum so jurisdiction doesn’t offend “fair play and substantial justice.”
• Specific PJ: Contacts relate to the lawsuit (e.g., contracts, targeted actions, sales).
• General PJ: Defendant is “at home” — usually the state of incorporation or main office.
• Consent & Tag: Defendants can consent by contract or service while present.
  📍 Tennessee Note: NV Sumatra (no PJ over foreign manufacturer); Crouch Consulting (PJ upheld for TN-targeted contract).

Part 3 – Venue

Venue = which district is the right place for trial.

• Proper where any defendant resides (if all in same state) or where key events occurred (§1391).
• Transfer (§1404): To another proper district for convenience.
• Improper Venue (§1406): Court can dismiss or transfer.
• Forum Non Conveniens: Dismiss if another country’s court is clearly better.
  📍 TN Rule: Real property cases filed where the land lies; transitory actions where the cause arose or defendant resides.

Part 4 – Removal (28 U.S.C. §§ 1441–1446)

Removal = a defendant’s tool to shift a case from state to federal court.

• Only defendants can remove.
• Federal court must have original jurisdiction (SMJ).
• Forum Defendant Rule: No removal if any defendant is from the forum state.
  🧠 Mnemonic: “Home field, no removal.”
• Unanimity Rule: All served defendants must consent.
• Timing: 30 days after service; later-served defendants get their own 30 days.
• 1-Year Limit: Diversity removals barred after 1 year unless plaintiff acted in bad faith.

🧾 Remand: Plaintiffs can move to send the case back if removal was improper.

• 30 days for procedural defects; anytime for lack of SMJ.

🎯 Takeaway

Civil Procedure is about power and place:

• SMJ = court’s authority over the case
• PJ = court’s reach over the defendant
• Venue = proper location
• Removal = defendant’s path to federal court

Get any piece wrong — and the case heads right back to state court.

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 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.