Class 1-6 PPT + Notes

Question 1

What elements are considered when choosing a trial court?

Answer 1

Subject Matter Jurisdiction
+
Personal Jurisdiction
+
Venue / Forum non Conveniens

Question 2

Article III, Section 1 (Tenure)

Answer 2

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Question 3

Article III, Section 2, Clause 1 (General)

Answer 3

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;
—to all Cases affecting Ambassadors, other public Ministers and Consuls;
—to all Cases of admiralty and maritime Jurisdiction;

Question 4

Article III, Section 2, Clause 1 (List)

Answer 4

The judicial Power shall extend . . .
—to Controversies to which the United States shall be a Party;
—to Controversies between two or more States;
—between a State and Citizens of another State,
—between Citizens of different States,
—between Citizens of the same State claiming Lands under Grants of different States, and
between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Question 5

28 U.S.C. §1332(a)

Answer 5

The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between–

1. citizens of different States;
2. citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State;
3. citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
4. a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.

Question 6

The “complete diversity” rule

Answer 6

To be a proper diversity case, no plaintiff can be a citizen of the same state as any defendant.

Question 7

The domestic relations - diversity jurisdiction

Answer 7

The Supreme Court has long held that the diversity statute does not authorize jurisdiction over domestic relations cases. This interpretation avoids interference with the administration of state probate or family courts, which handle most family law matters and have specialized resources for doing so.

Question 8

28 U.S.C. § 1332(c)

Answer 8

(c) For the purposes of this section and section 1441 of this title—

(1) a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business,

“every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business.” The statute makes corporations “local” in the state where their principal place of business is located, eliminating diversity suits between the corporation and citizens of that state.

Question 9

The Carden rule

Answer 9

The Carden rule treats partnerships, limited liability companies, and other new forms of business organizations as collections of individuals, and therefore as citizens of the state of each member or shareholder, making it increasingly impractical as a test for diversity jurisdiction.

(OUTDATED PRACTICE)

Question 10

Amount in controversy

Answer 10

28 U.S.C. §1332(a) –The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . .

**Must be MORE than $75K

Question 11

“Arising Under” Federal Law: Article III, Section 2

Answer 11

Extends the judicial power to all cases “arising under the Constitution, the Laws of the United States, and Treaties made. . . ”

Question 12

“Arising Under” Federal Law: Article III, Section 2

Question 13

Cases that arise from state law

Answer 13

• contracts cases
• tort cases
• property cases
• most criminal cases
• domestic relations cases
• inheritance cases
• cases under state statutes
  Unless the parties to such cases are diverse, these cases must be litigated in state court

Question 14

Cases that arise from Federal Law

Answer 14

• Labor Law
• Environmental Law
• Federal Tax
• Patent Law
• Securities Law
• These courses involve statutes enacted by Congress, not the state legislatures.
  Suits to enforce those laws arise under federal law, so that federal courts have jurisdiction over them under 28 U.S.C. § 1331

Question 15

Holmes Test

Answer 15

• Justice Oliver Wendell Holmes suggested one test for determining whether a suit arises under federal law.
  ○ Holmes argued that a suit “arises under the law that creates the cause of action.”
  · If the cause of action = federal ✅
  · If the cause of action is state law = ✅

Question 16

Section 1454(a)

Answer 16

“[a] civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights may be removed to the district court of the United States for the district and division embracing the place where the action is pending”. A defendant asserting a patent law counterclaim in state court may now remove the case to federal court.

However, § 1454 only applies to patent, plant variety, and copyright cases.

Question 17

Well-pleaded complaint rule

Answer 17

well-pleaded complaint rule is that it allows a court to decide whether it has federal question jurisdiction based on the complaint alone, without regard to defenses the defendant might raise.

**a counterclaim cannot be the basis for arising-under jurisdiction.

Question 18

To be a citizen of a state (1332)

Answer 18

Domiciliary of that state
-True, fixed permanent home
-Intention of returning whenever absent therefrom

Question 19

4 Part Grable Test

Answer 19

1. Federal issue needs to be necessarily raised
2. The federal issue is actually disputed
3. Federal issues needs to be substantial
4. Has to be capable of resolution without disrupting the balance between federal and state jurisdiction

Question 20

Personal Jurisdiction as stated in Pennoyer

Answer 20

1. Express consent by the defendant to suit in the forum state (in personam)
   i. ∆ can WAIVE state, SMJ cannot be waived
2. Personal services of process upon the defendant in the forum state (in personal)

(This is now bad law)
3. Attach property of the defendant within the forum state at the beginning of the lawsuit (in rem)

Question 21

28 U.S.C. § 2201(a)Declaratory judgment

Answer 21

“In a case of actual controversy within its jurisdiction . . ., any court of the United States, . . . may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. . . .”

Not meant to enlarge SMJ – “procedural only”

Question 22

When does a case “arise under” federal law?

Answer 22

1. Federal law creates the cause of action (meets Holmes test)
   -Express federal cause of action
   -Implied federal cause of action
2. Federal-law issue is “embedded” in a state-law cause of action (“special and small category”)

Question 23

15 U.S.C. § 1114

Answer 23

15 U.S.C. § 1114
(1) Any person who shall, without the consent of the registrant—
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive;

. . . shall be liable in a civil action by the registrant for the remedies hereinafter provided.

Question 24

Section 14(a) of the Securities Exchange Act

Answer 24

1. Section 14(a) of the Securities Exchange Act of 1934 prohibits companies from making false statements in proxy statements sent to stockholders.

The Supreme Court held in 1964 that Section 14(a) implied a private cause of action for a shareholder to sue the company.

(EXAMPLE OF IMPLIED FEDERAL CAUSE OF ACTION)

Question 25

28 U.S.C. § 1338

Answer 25

(a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. . . .

Question 26

28 U.S.C. § 1446 - Procedure for removal of civil actions

Answer 26

(b) Requirements; Generally.—

(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.

Question 27

General Removal Rule

Answer 27

A defendant may remove any civil action brought in a State court, if the federal district court would have original jurisdiction of the action.
Most rules learned for SMJ apply.

Examples:
-Definitions of “citizenship”
-Complete diversity rule
-Well-pleaded complaint rule

Question 28

Rule 6. Computing and Extending Time; Time for Motion Papers

Answer 28

(a)Computing Time.The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.

(1)Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

Question 29

28 U.S.C. § 1446 - Procedure for removal of civil actions

Answer 29

(b) Requirements; Generally.—
. . . (2)
(A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.
(C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal.

Question 30

28 U.S.C. §1441. Removal of civil actions.

Answer 30

(a) Generally.—
Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

Question 31

28 U.S.C. § 1447 - Procedure after removal generally

Answer 31

(e) If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.

Question 32

28 U.S.C. §1441 (B)

Answer 32

(b) Removal Based on Diversity of Citizenship.—
. . .
(2) A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.

Question 33

28 U.S.C. §1441 (A)

Answer 33

(a) Generally.—
Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

Question 34

28 U.S.C. § 1446 - Procedure for removal of civil actions

Answer 34

(b)Requirements; Generally.—
. . .
(3)Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.

(c) Requirements; Removal Based on Diversity of Citizenship.—

(1) A case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.

Question 35

28 U.S.C. §1441. Removal of civil actions.

Answer 35

(a) Generally.—
Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

Question 36

28 U.S.C. § 1454 - Patent, plant variety protection, and copyright cases

Answer 36

(a) In General.—
A civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights may be removed to the district court of the United States for the district and division embracing the place where the action is pending.

(b) Special Rules.—The removal of an action under this section shall be made in accordance with section 1446, except that if the removal is based solely on this section—
(1) the action may be removed by any party;