Civil Procedure II Outline

Civil Procedure II
Professor Capowski
May 2006

I. Subject Matter Jurisdiction
A. Generally – Constitution Article III provides for broader federal judicial discretion than that allowed by Congress
B. Federal question jurisdiction
1. Louisville RR v. Mottley – cause of action based on state contract – P filed in federal court but Supreme Court ruled federal question jurisdiction did not apply when D may raise federal law as defense & this is anticipated by P
a. Supreme Court indicated that Constitution Article III gave broader discretion than what was granted Congressionally under 1331 – Constitution gave them power to hear case even if 1331 did not
2. Well pleaded complaint rule – federal question issue must be basis of complaint for federal question jurisdiction to apply – federal question cannot be anticipated as defense – must be cause of action under federal law
3. 28 USC § 1331 – Congressional authorization for federal question jurisdiction
4. Merrell v. Thompson – Congress did not create right to cause of action under Federal Food, Drug, and Cosmetics Act; therefore no federal jurisdiction – For federal question jurisdiction, federal interest should be substantial – interest is not substantial when Congress does not create a private cause of action
a. Failure to create private cause of action shows no substantial federal interest
b. Constitution
1) Federal law establishes private cause of action
2) Constitution creates right or question of constitutionality of federal statute
3) Pre-emption – federal courts would be almost exclusive in handling
c. Smith v. Kansas City Title – issue – constitutionality of important federal statute – therefore federal court had jurisdiction
d. Moore v. Chesapeake –