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Civil Procedure I
St. Johns University School of Law
Ward, Ettie

 Can a court hear this matter?
1                    Can be raised sua sponte
A.      Justiciability Doctrines
1.   Political Question
a.      Type of issue: linked to separation of powers
i.      Cudahy v. Quirk
– parties try to use courts to enforce wager about fluoride
– it is not necessarily the issue, but the context in which an issue is presented to court that may not be justiciable (may be better in hands of legislature)
2.   Standing
a.      Who can sue?
i.      Article III limits judicial power to cases or controversies
– Constitutional requirements:
§   Actual Injury
§   Particular Injury
§   Remedy for Injury
ii.      P.O.W.E.R. v. Thompson
– question of standing when π brings suit on behalf of others, although he has no injury
– person with actual injury may be better representative
3.   Mootness
a.      Timing: too late?
i.      DeFunis v. Odegaard
– Court raises issue of justiciability sua sponte because π nearly finished law school
4.   Ripeness
a.      Timing: too early?
i.      May be concerns about deciding controversial issue when social situation not ripe
5.   Abstract, hypothetical, advisory questions
B.      Limitations court has put on itself on top of constitutional requirements to promote efficient use of resources
1.   No generalized grievances
2.   Zone of interest
3.   Within the statute in question
C. The power to say the law—that is, the power to affect legal interests
D.      Jurisdiction
1.   Power of the state to affect legal interest through its judicial processes
a.      Limits set

competence but cannot go outside Art. III authority
Can a federal court hear this matter?
§   Can be raised anytime sua sponte or by parties
§   Cannot be waived
§   Source: constitution (Art. III, Sec.2); statute (28 U.S.C.), common law
I.                    COURT-MADE RESTRICTIONS
A.     Domestic Relations Exception
1.      Federal courts cannot hear cases involving divorce, alimony, and child custody decrees
a.      Exception: intra-family torts
B.     Abstention
1.      Appropriate to give state courts cases dealing with state constitutional law
2.      Principles of comity and deference
C.     Generally, real-property cases
1.      i.e. mortgage foreclosures
28 U.S.C. §1332             Diversity of citizenship; amount in controversy; costs
(a) District Courts shall have original jurisdiction (trial level jurisdiction) in civil actions where value in controversy exceeds $75,000 and is between
1)      citizens of different States     
1        NY v. NJ
2)      citizens of a State and citizens of a foreign state
1        NY v. France
3)      citizens of different States and in which citizens or subjects of a foreign state are additional parties
1        NY and France v. NJ and France
4)      a foreign state…as plaintiff and citizens of a State or of different states
1        France v. NY
1.            Complete Diversity