Exam Prep: SMJ Flashcards
What kind of jurisdiction do state courts have?
Broad.
What is an enumerated long arm statute (LAS)?
Requires a two step process to determine whether claim fits in state jurisdiction before considering International shoe requirements.
What does the federal court have original jurisdiction over?
Bankruptcy
Patent and Copyright
Foreign Consuls
Admiralty and Maritime
U.S. as a party
What law should the federal court apply procedurally and substantively?
A federal court will always apply federal procedural law but if a federal court is deciding a state-law substantive issue then federalism
and Erie require the application of state law.
What is the purpose in having federal court apply state law?
the federal cts cannot make substantive law in areas not delegated by the Constitution to the federal government.
SAP STOP?
Source of law
Analysis
Power
Standard
Outcome
Time
Purpose
