Nagel
Civil Procedure I
Summer 2014
INTRODUCTION – Check out the exam guide and cheat sheet on Page 21.
I. Background For Civil Procedure: The United States Government and American Courts
A. Article 3 § 1: Created the Supreme Court and authorized congress to create inferior courts
B. Article 3 § 2: defines what kinds of cases can be heard in Federal Court
1. Federal Courts have limited jurisdiction, but can have original jurisdicition when:
· Constitutional question
· Diversity
· U.S. Statutes (U.S.C.)
· Federal Agency Regulations (C.F.R.)
· Admiralty and maritime law
· Treaties
2. Supreme Court has exclusive and original jurisdiction when:
· Between states (literally state v. state)
· Ambassadors, ministers, counsuls
· Everything else falls under appellate jurisdiction for Supreme Court
3. Exceptions to federal courts (exclusively state issues):
· Probate
· Domestic/Family Law
C. Article 4 § 1: Full faith and credit clause compels states to recognize enactments of other states
D. 10th Amendment: States’ reserved powers doctrine
E. 14th Amendment: Procedural due process
F. Article 1 § 8: Necessary and proper clause
II. An Overview of Civil Procedure
A. The Idea and the Practice of Procedure
1. Locating Procedure
2. Clients, Lawyers, Procedure, and Strategy
B. Where Can the Suit Be Brought?
1. Personal Jurisdiction [factors test]
– Focuses on D in lawsuit.
– Does court have power to bring D into court
2. Subject Matter Jurisdiction [elements test]
– Determines types of cases a court can hear
– If court meets criteria, then have subject matter jurisdiction
3. Venue
4. Service of Process
III. Constitutional Framework for U.S. Litigation
A. Approaching Civil Procedure
B. Constitutional Limits in Litigation
1. The Idea of Jurisdiction
2. Jurisdiction and the Constitution
3. The Constitution and Choice of Law
THE BASICS OF CIVIL PROCEDURE I
I. Subject Matter Jurisdiction of the Federal Courts
A. The Idea and Structure of Subject Matter Jurisdiction
1. Article 3 § 2
– {}
2. 28 USC § 1331
– The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
3. 28 USC § 1338
– Federal district courts have exclusive and original jurisdiction of: patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition (generally IP)
4. Fed. R. Civ. P. 12(b)(1)
– How to Present Defenses: Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction.
5. Fed. R. Civ. P. 12(h)(3)
– If court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action.
B. Federal Question Jurisdiction
1. Louisville & Nashville Railroad Co. v. Mottley (18:30)
– P sued for specific performance
– D raised the defense of illegality of K
– Could have used the Federal Declaritory Judgement Act (19:03)
– Rules:
a. Well-pleaded complaint rule
i. P sued under a state-based K claim (specific performance) – rather than a Federal Question
ii. P’s complaint “sets paramaters” of the suit
b. Court can sua sponte dismiss a case for want of federal subject matter jurisdiction
c. Federal subject matter jurisdiction can be brought at any time during case (even on appeal)
d. Federal subject matter jurisdiction cannot be waived
e. Any order entered without proper subject matter jurisdiction is void
f. “Arising under” is narrower when talking about original jurisdiction – rather it is broader on appellate jurisdiction (19:11)
2. Smith v. Kansas City Title & Trust Co (exception – not the rule)
– The state could hear a constitutionality claim because the bonds were issued by a federal agency under federal law (a law that P claimed was unconstitutional)
3. Kokkonen v. Guardian Life Ins. Co.
– A settlement is a contract and it does not give rise to federal subject matter jurisdiction since contracts are a state issue
– However, if it was a consent decree (which is approved by a court), a breach WOULD give rise to federal subject matter jurisdiction
4. Chicot County Drainage District v. Baxter State Bank
– Cannot mount a collateral attack (in another law suit) for lack of diversity or federal subject matter jurisdiction
5. Related Cases:
– Gunn v. Minton [568 U.S. ___ (2013)]
– Holmes Group v. Vornado [535 U.S. 826 (2002)]
C. Diversity Jurisdiction
1. 28 USC § 1332(a) (20:25)
– District Courts have original jurisdiction of all ci
ractices Litigation
– Where a court already has jurisdiction over some federal claim, it also has supplemental jurisdiction over state claims that are factually connected to the federal claim. The factual connection is sufficient as long as the facts are common and operative.
– To determine whether the federal and state law claims are connected by common and operative facts, the facts necessary to prove the federal claim are compared with those necessary to the success of the state claim.
– The connection is operative, in that if the court were to dismiss the state law claims, it may not be able to grant the rescission of the mortgage under TILA.
– However, by statute, the court still has discretion in certain cases:
a. the claim raises a novel or complex issue of State law,
b. the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,
c. the district court has dismissed all claims over which it has original jurisdiction, or
d. in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
E. Removal and Remand
1. 28 U.S.C. § 1441
– The only way in which the defendant has the ability to choose whether the case is heard in a state or federal court
– When removed, must be brought in the nearest district court “embracing the place where such action is pending”
– If sued in home state, the defendant cannot remove based on diversity jurisdiction
– If federal court has jurisdiction, even though state court doesn’t, it doesn’t matter
2. 28 U.S.C. § 1445
– Cannot remove:
a. VAWA
b. Workers Compensation
3. 28 U.S.C. § 1446
– For removal: D files notice of removal, automatically removed
– All Ds must agree
– Only have 30 days to remove an action once removal becomes available
– In diversity cases parties get one year to remove
4. 28 U.S.C. § 1447
– P has to ask court for permission to remand
