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CIVIL PROCEDURE CLASS 4 SUBJECT MATTER JURISDICTION I

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Title: CIVIL PROCEDURE CLASS 4 SUBJECT MATTER JURISDICTION I


1
CIVIL PROCEDURE CLASS 4SUBJECT MATTER
JURISDICTION I Federal Question Jurisdiction
  • Professor Fischer
  • Columbus School of Law
  • The Catholic University of America
  • Aug. 29, 2005

2
5. VENUE
  • Even if there is personal jurisdiction, there is
    a further question where within a state can a
    case be brought?
  • Congress has enacted federal venue legislation
  • There are also statutory venue rules for civil
    actions in state court

3
6. PLEADING
  • How do the parties frame their cases?
  • A. Complaint
  • B. Answer
  • C. Counterclaim
  • D. Third Party Claim (Impleader)
  • E. Cross-Claim

4
7. DISCOVERY
  • What information can one party obtain from
    another party to the litigation?
  • E.g. INTERROGATORIES, DEPOSITIONS, REQUESTS TO
    INSPECT/COPY DOCUMENTS
  • See FRCP 26-37
  • Importance of district court rules and individual
    judges rules

5
8. PRE-TRIAL ADJUDICATION
  • Not all actions go to trial!
  • Contrast with settlement
  • MOTION to DISMISS Complaint (FRCP 12(b))
  • MOTION for SUMMARY JUDGMENT (FRCP 56)

6
II. TRIAL
  • 1. RULES FOR CONDUCT OF TRIAL
  • 2. ADJUDICATION BEFORE THE END OF TRIAL
  • 3. BURDEN OF PERSUASION

7
III. POST-TRIAL
  • 1. ENFORCEMENT OF JUDGMENT
  • 2. POST-TRIAL MOTIONS AFFECTING JUDGMENT
  • 3. APPEALS
  • 4. BINDING EFFECT OF JUDGMENT

8
Constitutional Basis for federal subject matter
jurisdiction?
9
U.S. Constitution - Article III Section 2
  • The judicial power shall extend to all cases, in
    law and equity, arising under this Constitution,
    the laws of the United States, and treaties made,
    or which shall be made, under their
    authority--to all cases affecting ambassadors,
    other public ministers and consuls--to all cases
    of admiralty and maritime jurisdiction--to
    controversies to which the United States shall be
    a party--to controversies between two or more
    statesbetween a state and citizens of another
    state -- between citizens of different
    states--between citizens of the same state
    claiming lands under grants of different states,
    and between a state, or the citizens thereof, and
    foreign states, citizens or subjects.

10
Art. III s. 2 Major Categories of Federal Subject
Matter Jurisdiction we will study
  • Cases arising under Constitution/laws of
    U.S./treaties FEDERAL QUESTION
  • Cases between a state and citizens of a different
    state or citizens of different states -
    DIVERSITY
  • Cases between a state/citizens of a state and
    foreign states/citizens/subjects ALIENAGE

11
GENERAL FEDERAL QUESTION STATUTE

12
GENERAL FEDERAL QUESTION STATUTE
  • 28 U.S.C. 1331 The district courts shall
    have original jurisdiction of all civil actions
    arising under the Constitution, laws or treaties
    of the United States

13
HYPOTHETICAL
  • Jane is the inventor of a motorized spaghetti
    fork. The United States Patent and Trademark
    Office grants her a patent on her invention.
    Patents are governed exclusively by federal law.
  • Jane wants to sue Al for marketing a competing
    motorized spaghetti fork, claiming patent
    infringement under the federal Patent Act.
  • Jane and Al are both citizens of MD
  • Can Jane sue Al in federal court?

14
  • In 1970 Mr and Mrs Plaintiff entered into a
    contract with Jet Aqua Airlines to provide them
    with passes for free travel on the airline,
    renewable annually for their lifetimes. In
    2002, Congress passed the No Free Airline Travel
    Act, prohibiting the airlines from providing free
    transportation to anyone. Mr and Mrs Plaintiff
    (who are not diverse from Jet Aqua) want to sue
    Jet Aqua in federal court. Advise Mr. and Mrs.
    Plaintiff on the issue of subject matter
    jurisdiction.

15
THE WORDS OF JUSTICE MOODY in Mottley (1908)
  • A suit arises under the Constitution and laws of
    the United States only when the plaintiffs
    statement of his own cause of action shows that
    it is based upon those laws or that Constitution.
    It is not enough that the plaintiff alleges some
    anticipated defense to his cause of action, and
    asserts that the defense is invalidated by some
    provision of the Constitution of the United
    States.

16
JUSTICE WILLIAM H. MOODY
  • Served 1906-1910
  • Appointed by Theodore Roosevelt
  • Former Secretary of the Navy, Attorney General,
    Member of the House of Representatives
  • Prosecuted Lizzie Borden
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