Civil Law: Optional Mid-term
D files a Rule 12(b)(1) Motion to Dismiss the case for lack of Subject Matter Jurisdiction. How should the Court rule on this motion ? In answering this question, using IRAC form, specifically address the following:
Analyze whether there is a federal question under 28 U.S.C. § 1331 raised in P’s claim against D.
Analyze whether there is diversity jurisdiction over P’s breach of contract claim against D under 28 U.S.C. § 1332. If not, analyze whether there is supplemental jurisdiction under 28 U.S.C. § 1367(c).
Assume P’s state law breach of contract claim is well established under California law and does not raise any complex issues.
In which states can P sue D ? In answering this question, using IRAC form, specifically address the following:
Analyze whether California has specific personal jurisdiction over D.
Analyze what state has traditional general jurisdiction over D.
