Requirements for Where to File Suit Subject Matter Jurisdiction Personal Jurisdiction Venue

Subject Matter Jurisdiction Subject matter jurisdiction is the power of the court to hear the case based on the subject matter involved.

State Court Structure U.S. Supreme Court California Supreme Court California Appellate Courts California Superior Courts

Federal Court Structure U.S. Supreme Court Circuit Courts of Appeal District Courts

Subject Matter Jurisdiction Considerations Amount in controversy Type of Case Federal Jurisdiction? Federal Question? Diversity Jurisdiction? Special Cases Dedicated Courts Religious Disputes Foreign Countries/Native American

Personal Jurisdiction The Court must have the power to determine issues concerning the parties in the case.

Obtaining Personal Jurisdiction Physical presence in the forum when served. Domicile in the forum. Where Defendant has made a general appearance in the action. Contractual consent. Where Defendants have had minimum contacts with the forum state so that it can be said Defendants purposefully availed themselves of the forum’s benefits.

Forum Non Conveniens Adequate alternative forum? Weighing of the private factors? Weighing of the public factors? Note: just because it is “not convenient” does not mean the Court will transfer the case.

Venue Asks which County (state) or District (federal) is the proper one in which to file the action. Basic State Test: If dispute is over land, then county where land is located. Is there a special statute fixing the proper county? If so, in the specified county. If none of the above, then venue is proper where any Defendant is domiciled; for companies, where company has its principal offices.