Cases

Question 1

Osborn v. Bank of the United States

Answer 1

So long as a case involves a non-frivolous issue of federal law, whether raised in the original complaint or in a defendant’s answer, a federal court may be authorized to hear it.

Question 2

Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing

Answer 2

the Supreme Court has recognized that sometimes a plaintiff will have to establish an important proposition of federal law in order to prove a state law claim. Depending on the importance of the federal issue, whether federal jurisdiction would disrupt the allocation of business between state and federal courts, and other prudential factors, a court may find that the federal district court has jurisdiction over the case under 28 U.S.C. § 1331.

Question 3

GUNN v. MINTON

Answer 3

Adjudication of Minton’s claim in federal court was consistent with the appropriate balance between federal and state judicial responsibilities, it held, because “the federal government and patent litigants have an interest in the uniform application of patent law by courts well versed in that subject matter.” Id., at 646….

Question 4

LOUISVILLE & NASHVILLE RAILROAD CO. v. MOTTLEY

Answer 4

P 96
A suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution. It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States.
> The well pleaded complaint rule
> Π Own cause of action HAS to have the federal law included in it

Question 5

AVITTS v. AMOCO PRODUCTION CO.

Answer 5

When a case arises under state law, citing federal statute cannot determine federal jurisdiction

*Cases cannot be artfully pleaded into other jurisdictions

Question 6

Mas v Perry

Answer 6

To be a citizen of a state (1332)
○ Citizen of the US
○ Domiciliary of that state
§ True, fixed permanent home
§ Intention of returning whenever he is absent therefrom

Question 7

INTERNATIONAL SHOE CO. v. WASHINGTON (Personam Jurisdiction)

Answer 7

The Court suggests that there are two ways in which a defendant’s contacts with a forum can lead to in personam jurisdiction.

-First, in personam jurisdiction exists if the claim arises out of the defendant’s deliberate contact with the state. This type of personal jurisdiction is now known as specific in personam jurisdiction or specific jurisdiction.
-Second, the Court explains that in personam jurisdiction can exist even if the claim does not arise out of the defendant’s in-state contacts, as long as the defendant has ongoing contacts with the state.

Question 8

Mottley - 28 USC §1331: Federal question jurisdiction

Answer 8

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

Mottley: these words mean “that a suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution.”