Removal & Course Review Flashcards
Grable’s Four-Part Test
- neccessarily raised = state law must necessarily raise a federal issue
- actually disputed = the federal issue must be actually disputed
- substantial= the federal issue must be substantiated
and - capable of resolution in federal court without disrupting the federal-state balance approved by Congress
***** All four prongs must be met
What is the patent federal rule
28 U.S.C § 1338
Any civil action “ arising under “ any act of Congress relating to patents.
*** arising under is the linguistic consistency language
Well pleaded complaint rule
is legally insufficient because the law does not provide a remedy for conduct alledged in the complaint
Types of federal juridiction
- Subject matter jurisdiction
(Diversity / Federal Question - Personal Jurisdiction
- Venue
Corporations
1 are citizens of where they incorporated
0r
2 Principle place of business , such a sa large amount of where their money is made
USC § 28 1257
A federal statute that defines the juridistiion of the United States Supreme Court over a decision of a state court.
Nerve Center
Head Quarters
Most money is made
legal certainty
aggregative rules
“arising under”
scope under federal jurisdiction