CIVIL PROCEDURE 1 – PROFESSOR WILDENTHAL – SPRING 2014
Intro
Definitions:
Subject Matter Jurisdiction (SMJ)– court must have this to have the authority to hear the case
Diversity jurisdiction
Federal question jurisdiction
Removal jurisdiction
Supplemental jurisdiction
Personal Jurisdiction — restricts the court’s power over an out-of-state statute
Venue — regulates which specific court within a court system may hear a particular case
Pleading — the documents by which parties commence a case and state their positions on the issues in disputes
Joiner — the rules governing who can be made parties to a single case and the scope of claims that may be asserted in a single action
Filing a complaint:
Type of court — federal or state
· There are also specialized courts
Level of the court — Trial court or appeals court
Location of the court –> Rule depending on location/geographical area — that is located near the D
3 main factual reasons – where the parties in the law suit live; where did the incident take place (cause of action/events that took place); evidence/witnesses.
3 Different Doctrines:
Worried about location is personal jurisdictional question (long arm), – can assert its jurisdiction over another person (i.e. call them to court in a different place)
Venue – the court in the best location
Forum non convenience
Structure of the courts:
Trail Court –> Intermediate Appellate Court –> Court of Final Review
The number of state courts varies
Federal Courts:
94 district courts (trial courts – each covering a state or part of a state & have original jurisdictions)
12 Federal Appellate Courts (hear appeals from cases decided in the district courts within their geographic area)
Supreme Court (9 justices and uses discretionary review of Court of Appeals)
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SUBJECT MATTER JURISDICTION (Federal SMJ) —
2 forms of Subject Matter Jurisdiction: Article III, Section 2 –Further limitations by Congress — 28 U.S.C § 1332, 1331
Suit must contain one of the following things: Diversity or Federal Question
Federal Question (FQ) — 28 U.S.C § 1331
Plaintiff’s right to recover stems from the U.S. Constitution, a federal treaty, or an act of congress.
The constitution gives the federal courts authority to hear “federal question” cases, under 28 U.S.C. § 1331
§ 1331 — the federal courts have jurisdiction over “all civil actions arising under the constitution laws, or treaties of the United States”.
· There is no amount in controversy in federal question cases
Federal law is the source of the plaintiff’s claim
Holmes Creation Test — “a suit arises under the law that creates the cause of action”
Meaning that if the complaint must be an issue of federal law
Mottley Rule — Just because the D alleges something about federal law in her complaint does not mean that the case arises under federal law. SJM is based on P’s complaint, not on the defenses or claims that D could bring. – this is for getting into Fed. Trial Court. (pg. 93)
State Law Claims with substantial Federal Questions — § 1331 establishes either that federal law creates the cause of action OR that the plaintiff’s right to relief necessarily depends on resolution of a substantial question.
Smith/Grable Exception —
The court considered different factors, such as
The importance of the federal issue,
The potential for disrupting the balance of power between state and federal courts.
Evidence of congressional intent to allow or preclude jurisdiction over claims involving a particular federal provision
SOMETIMES cases can’t arise under federal question jurisdiction because of a statute, like property law issues
IMPORTANT Note — this applies when the P brings a claim to state court, that cannot be brought in federal court .. But D can remove to federal court because it is based on a federal question. (got this wrong on midterm .. This is an exception to the general rule .. There are 2 exceptions .. The other deals with the D cannot remove the case to federal court because the case was brought in his home state)
meaning that any person (P) in said companies needs to be diverse from any D on the other side — must have complete diversity.
The matter in controversy exceeds $75,000
§ 1332(b) says the amount in controversy must exceed the sum or value of $75,000
This is deemed at the time the claim is filed
Rule: The amount is determined by the Plaintiff if the claim is made in good faith. The judge will then decide if the claim would amount to more than $75,000 by looking at the nature of P’s injuries, if it could, then the amount in controversy is satisfied.
· Meaning that the court must find the amount in controversy requirement met unless it is quite clear that there is no way the recovery will reach $75,000.01
Aggregation Rule:
You can aggregate claims, but not parties (General Rule)
Single P’s may add together any separate claims against a single D (not multiple D’s) to meet the amount. BUT… co-plaintiff’s cannot.
→ Exception — If P1 sues for $150,000 and P2 a co-P sues for $60,000 the new law under § 1367 states that P2 may tag along with P1, since P1 meets the amount in controversy. (dealing with supplemental jurisdiction…?)
Diversity Case Issues —
Removal From State to Federal Court -Diversity cases- A D sued in state court may remove a case to federal court if it could have been filed originally in federal court.
§ 1441 and § 1446 and § 1447 — Any civil action brought into state court of which the district courts have jurisdiction may be removed to federal court, if it fits into one of the above categories.
Notice of remove must be filed within 30 days after receipt by D
In diversity cases D cannot remove from state to federal court IF the action if filed where D lives
If D wishes to remove case to federal court, P has an opportunity to remand the case back to the state court for lack of property procedure.. Etc. this must be done within the first 30 days otherwise it’s a waiver of rights.
General Rule: Any case that could be brought in federal court originally, can be removed § 1441a unless, the suit rests in diversity and any D that is a member of the same state. § 1441(b)
· 28 U.S.C. § 1446 Procedures for Removal
· D must file notice of removal in federal district court
