Intro to Civil Procedure & Federal Civil Litigation Flashcards
Federal Rule of Procedure Statutes
Why does the court must have subject matter jurisdiction over a case?
To have the authority to hear the type of dispute of case. For example; state court or federal court or both federal or state courts can hear the case.
Why must the court have personal jurisdiction over a case?
The court’s authority to exercise power to hear a case over the Defendant.
What is venue?
Plaintiff must choose a court that has an authorized venue for action under the relevant statute.
What is Discovery?
changing information before trial between attorneys.
What is the highest court in the land?
Supreme Court
How many courts in the US?
1 Supreme court
13 Court of Appeals
94 District Courts
What is civil procedure about?
Civil Litigation
What types of courts
Federal
State
Administrative MVA, Pilot licenses etc..
What are the Federal statutes governing procedures in federal court?
28 U.S.C §133 appointment and number of federal judges
28 U.S.C. §§ 1251-1257 jurisdiction of United States Supreme Court
28 U.S.C.§§ 1291-1296 jurisdiction of the federal courts of appeals
28 U. S. C. §§ 1331- 1369 jurisdiction of the federal district courts
28 U.S.C. §§ 1441-1454 removal of cases from state to federal court
- U.S.C §§ 1861- 1875 jury selection in federal cases
Article I
Legislative- Congress
Article II
Executive-President
Article III
Judicial - Supreme Court
28 U.S.C. § 1331 Federal question
The district courts shall have original jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the United States.
28 U.S.C. § 1332 (a) (b) Diversity of citizenship and amount in controversy
(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–
(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.
(b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
Ingram v Wright 1977 - Focused on cruel and unusual punishment- due process
Issue
The case presented two primary legal questions: First, whether corporal punishment in public schools constitutes cruel and unusual punishment in violation of the Eighth Amendment, and second, whether the Due Process Clause of the Fourteenth Amendment requires prior notice and an opportunity to be heard before corporal punishment is administered in public schools.
Holding
The Supreme Court held that the Eighth Amendment’s prohibition against cruel and unusual punishment did not apply to the corporal punishment of children in public schools.
Additionally, the Court found that the Due Process Clause of the Fourteenth Amendment does not require prior notice and a hearing before corporal punishment is administered in public schools, as long as the punishment is within the limits of common law.
