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Federal Courts
University of Toledo School of Law
Zietlow, Rebecca E.

I.        Getting Into Federal Court
a.       Congress’ Power to Create Non-Article III Courts
                                                               i.      Article III
1.      Section I – judicial powers of the US shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time establish
a.       The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office
                                                             ii.      Article I courts are controlled by Congress
                                                            iii.      Test
1.      Article III applies where laws of national concern are at stake, and Article I gives Congress the power to legislate with respect to specialized areas, having particularized needs, warranting distinctive treatment
a.       Desirability of Article III tribunal versus the degree of encroachment on the federal judiciary
b.      Balance the essential attributes of judicial power of Article III courts, the extent to which the Article I courts exercise the jurisdiction and power of Article III courts, the origins and importance of the rights adjudicated, and Congress’ reasons for not creating Article III courts
                                                           iv.      Other Article I Courts
1.      Administrative Agency
a.       OK because there is no constitutional requirement for federal rights to be heard by Article III courts
b.      Decision of agency must be enforced by Article III courts
2.      Magistrates
a.       Hear and determine non-dispositive motions
b.      Clearly erroneous review by district court
c.       Dispositive motions could be referred to magistrates only for proposed findings of fact and recommended disposition
                                                                                                                                       i.      Otherwise requires consent by all parties to be heard by a magistrate
b.      Federal Jurisdiction
                                                               i.      Federal Question (Subject Matter) Jurisdiction
1.      Jurisdiction of lower federal courts
2.      Arises from Art III section 2
a.       Arising under the Constitution, laws of the US, and treaties made under their authority
b.      Not self-executing
                                                                                                                                       i.      Must be granted by Congress in the appropriate way
                                                                                                   

                                    i.      Complaint does not include anticipatory defenses
c.       Combine Issues of State and Federal Law
                                                                                                                                       i.      Can’t just look to under what law that created the cause of action
1.      Where the case turns on construction or application of Constitution or federal laws than jurisdiction exists
2.      Lack of private right cause of action to enforce federal law is relevant but does not preclude federal question jurisdiction
                                                                                                                                     ii.      Zietlow Theory:
1.      If you lose on the federal issue is it still possible to win the case
a.       If yes, then not really about federal question and no federal question jurisdiction
b.      If no, there is federal question jurisdiction because case really concerns federal issue
2.      Applies to substantive cases with mixed state and federal law raised in the complaint