Civil Procedure I Outline

Civil Procedure I, Outline
Professor Brody
 
 
Question: Can Congress restrict the Constitution?
Answer: Yes, but Congress cannot expand it.
·         If Congress restricts the Constitution, the courts will interpret this restriction in order to apply it to legal controversies. If Congress does not like the courts interpretation, they can amend the statutes they enacted to restrict the Constitution. Restrictions can be loosened, but not past what the Constitutional limits are.
 
Overview of the Branches of Government:
Executive Branch – their powers addressed in Article II of the Constitution
·         Judicial appointments.
·         Appointment of the heads of administrative agencies (EEOC, FDA, etc.), who have quasi-legislative and judicial power. They also enact rules and regulations.
·         Veto power.
Legislative Branch – their powers addressed in Article I of the Constitution
·         Article I, Section 8, is the “elastic clause,” which gives Congress the power to set civil procedure.
·         Collect taxes.
·         Borrow money.
·         Regulate commerce
Judicial Branch – their powers addressed in Article III of the Constitution
·         United States Supreme Court
·         U.S. Court of Appeals
·         50 U.S. District Court
In order for a case in the State court system to reach the United States Supreme Court, it must go all the way through the state system to the state’s Supreme Court and deal with a constitutional issue.
 
General Notes:
·         State and Federal Courts have concurrent jurisdiction. This means that, if the requirements we will be studying are met, that a federal court can hear a civil tort suit, and a state could hear a federal issue.
o       Federal decisions of state issues are not reviewable by the state, but state decisions are reviewable by the federal system.
·         Federal Jurisdiction is controlled by Article III, Section 2 of the Constitution.
 
Three Sections of The Constitution that deal with Jurisdiction:
1.      Article III (§ 1 & §2) – authorizes the establishment of federal courts and in section two sets federal judiciary limits.
2.      Article IV § 1 – requires that full faith and credit be given in each state to the judicial proceedings of every other state.
3.      14th Amendment, Section 1 – provides that no state shall deprive any person of liberty or property without due the process of law. (Due Process Clause)
 
Article III § 1
The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Gives Congress the Power to create inferior courts.
 
Article III § 2
The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution – to controversies between Citizens of different States.
Only two subjects that are dealt with in Civil Procedure I.
 
Article IV § 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Full Faith and Credit Clause.
 
Amendment XIV Section 1
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Due Process Clause.
 
Where May a Lawsuit be Brought = First Section of Course (7-8 weeks)
A court must have subject matter jurisdiction & personal jurisdiction in order to have the authority to hear the case and render a valid judgment.
 
Subject Matter Jurisdiction of The Federal Courts
 
Subject Matter Jurisdiction – means the court has the power to rule on the case. (Article III, Section 2). This makes the federal courts ones of limited jurisdiction, and asks two questions: Does the case fall within one of the enumerated categories of Article III, Section 2; and has Congress further authorized the lower federal courts to assume that jurisdiction?
1.      Federal Question Jurisdiction
2.      Diversity Jurisdiction
·         Note the interplay between Article III, Section 2 and 28 U.S.C 1331, 1332.
 
Article III sec 2 enumerates the types of cases that only the federal courts can hear (bankruptcy etc.).  
 
 
Federal Question Jurisdiction:
§ 1331. Federal Question
            The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
Key Question: What does it mean to “arise under” the Constitution?
 
Louisville & Nashville Railroad v. Mottley p. 217 (Lifetime Train Passes)
Notes: Jurisdiction is required by the Constitution and the right cannot be waived.
·         The legal issue in the case is a contract law issue and not one that arises under the Constitution. This is because of what is put forth in the plaintiff’s complaint.
·         Without the “well pleaded complaint rule” the plaintiff would have to anticipate the defenses prior to filing.
Rule: A suit arises under the Constitution and the laws of the United States only when the plaintiff’s 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.
 
Question: Where do these rules, such as the “well pleaded complaint rule” come from?
Answer: It is discussed in Article I, Section 8, and ‘The Federal Rules of Civil Procedure’, are given their power by 28 U.S.C. § 2072.
§ 2072. Rules of Procedure and Evidence; Power to Prescribe
            (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrates thereof) and courts of appeals.
           
When a D challenges a fed question of jurisdiction, one of 3 questions commonly arises:
(1) Is there a fed issue at all? If P’s claim is based in some fed stat or reg, the problem is in interpreting the legislation
(2) If the P’s claim is the right to relief under fed common law, the question is whether such fed common law exists. Assuming there is a fed issue, does it “give rise to” P’s claim?
(3)If there is a fed question that is not, strictly speaking, part of the basis for P’s claim, is it sufficiently important to “federalize