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Civil Procedure I Outline.doc

Civil Procedure I Outline.doc

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Published by Gianna Scatchell
Great outline for civil procedure, Civil procedure exam checklist, rules, I. Introduction to Civil Procedure A. Procedure and Power B. Systems of Procedure and Models of Judicial Behavior II: The Rewards & Costs of Litigation--of Remedies and Related Matters. Law school course outline for civil procedure. Great skeletal outline to add to. Includes: personal jurisdiction, general
Great outline for civil procedure, Civil procedure exam checklist, rules, I. Introduction to Civil Procedure A. Procedure and Power B. Systems of Procedure and Models of Judicial Behavior II: The Rewards & Costs of Litigation--of Remedies and Related Matters. Law school course outline for civil procedure. Great skeletal outline to add to. Includes: personal jurisdiction, general

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Categories:Types, Research, Law
Published by: Gianna Scatchell on Jul 30, 2010
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01/04/2013

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4 elements to Get into Federal Court
 
(or any court)
 Subject matter jurisdiction – power over the topic
 
Personal jurisdiction – authority over the persons involvedProper notice – notifying parties of actionVenue – locale
Subject Matter Jurisdiction
-
which kind of cases belong in which courts.
Federal Question
 
Diversity of citizenship and greater than $75,000
 Power of a court to decide certain kinds of cases. Full Faith and Credit, Due Process Clause.Subject Matter - the topic or issue that is being considered; the issue in dispute before a court,legislature or an administrative body.
Constitution: Article III, sec. 2
Section 2. Judicial power extended to:Constitutional disputesLaw and EquityU.S. law and treatiesDisputes in which the U.S. is a partyDisputes between two or more statesDiversity of citizenshipTrial of all crimes (except Impeachment) shall be by jury
Statutes: 28 U.S.C. §§ 1331, 1332
§1331. Federal Question
The district courts shall have original jurisdiction of all civilactions
arising under 
 
the Constitution, laws, or treaties of the United States.Federal Question – cases arising under the laws of the U.S., treaties, or the Constitution; Notexclusive to the federal courts (concurrent jurisdiction), state courts may also hear cases.U.S.C. Federal jurisdiction is exclusive in cases involving admiralty (§1333), bankruptcy (§1334), andantitrust (§1335)“Arising under” = that which comes from the (
 
Π
) theory of the case
 
 
 Louisville & Nashville Railroad v. Mottley
LIFETIME RAILROAD PASS
U.S. Sup. Ct., 1908
 
Railroad (
) v. invalid lifetime pass holder (
Π
)
 
Summary:
(
Π
) was given a lifetime pass for transportation on (
) railway as a settlement for an accident. Congress thenoutlawed lifetime passes. (
) railroad refused to accept the passes and (
Π
) filed a suit for specific performance. (
Π
) wasawarded damages in federal trial court. (
) Appealed to the supreme court.
 
 Ruling & Rationale:
Court ruled the Trial court was without jurisdiction. Supreme Court has a duty to see that the jurisdiction of the Circuit Court is not exceeded
court can make its own motion without a motion from either of the parties involved (
 sua sponte
).
 
Well- Pleaded Complaint Rule:
Suit arises under Federal Question only when the (
Π
)’s statementof his own cause of action shows that it is based upon those laws or that Constitution.
 
(there was nodiversity of citizenship in this case)
 
§1332. Diversity of Citizenship
 (a). The district courts shall have original jurisdiction of all actions where the matter incontroversy exceeds the sum or value of $75,000 (exclusive of interest and costs) and is between:Citizens of different statesA citizen of a state and subjects of a foreign stateCitizens of a different state and in which foreign states or citizens are additional parties.A foreign (
Π
) and a citizen of a state(c). Definition of a Corporation.where it is incorporated and where it has its primary place of business (except where an insured (
Π
)sues his insurer; insurer will be determined to be a citizen of that state.)Legal representative of a decedent, or legal representative of an infant/incompetent, shall be a citizenonly of that of the represented person.*** *** *** *** ***To be a citizenFirst must be a citizen of U.S.Must be a citizen at the time the complaint is filedAll (
Π
)s must be diverse from all (
)s (
Strawbridge v. Curtis
)Citizenship = domicile (
 Louisville Railroad 
)Must have residenceMust have intent to stayuntil you acquire a new place, you retain the last domicile
Mas v. Perry
PEEPING-TOM LANDLORD
 
5
th
Circuit Court of Appeals, 1974
 
(
Π
) couple tenants (husband foreigner, wife state) v. (
) peeping-tom (Louisiana)
 
 Summary:
(
) appealed from a judgment for (
Π
)
awarding damages incurred as a result of the discovery of "two-way" mirrors through which the appellant landlord watched them. Jury awarded $5,000 to Mr. Mas and $15,000 to Mrs.Mas. (
) Appealed claiming lack of jurisdiction (for diversity of citizenship).
 
 Ruling & Rationale:
Awards were affirmed. Two separate legs of jurisdiction stood
claim of an alien v. statecitizen, and an action between citizens of different states.

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