Background/
Basic Procedures
Basic Procedures
What are the 4 sources of law?
- Constitution
- Statutes
- Federal Rules of Civil Procedure
- Common Law
The district courts shall have _________ of all civil actions _________ the Constitution, laws, or treaties of the United States.
What is original jurisdiction and arising under?
Where does §1332 get its authority?
What is Article III of the Constitution?
What does supplemental jurisdiction allow?
allows additional claims to "tag along" w/ a federal question or diversity claim, even if they are not allowed to be there on their own
(allows qualifying state law claims into federal court)
28 USC §1441 (A)
- if the case can be brought in federal court (if the federal courts have original jurisdiction) defendant(s) can remove the case to the appropriate federal court
- all defendants must consent to removal
- only defendants listed in the plaintiff's complaint can remove, not those joined through counterclaim
- plaintiffs CANNOT remove cases
What type of jurisdiction do the US federal courts have?
What is limited jurisdiction?
- this means that the US federal courts do not take any and all cases
Why can't you file state law claims in federal courts?
B/c there is not jurisdiction
§1332(a):
The district courts shall have __________ of all civil actions where the matter in controversy exceeds the _________ of $__________, exclusive of interest and costs, and is between--
1) citizens of __________ States;
2) citizens of a State and citizens or subjects of _____________, except that the district courts shall not have _____________ under this subsection of an actions between citizens of a State and citizens or subjects of ______________ who are lawfully admitted for permanent residence in the United States and are _____________ in the same State;
3) citizens of different States and in which citizens or subjects of ___________ are additional __________; and
4) ___________ as plaintiff and citizens of a State or of different States.
- original jurisdiction
- sum or value of $75,000
- different States (1)
- a foreign state (2)
- original jurisdiction (2)
- a foreign state (2)
- domiciled (2)
- a foreign state (3)
- additional parties
28 USC §1367(A)
- permits supplemental jurisdiction
- "so related to the claims in the action" = when the added claim has facts in common w/ the original claim
- same case/controversy/transaction/occurrence/common nucleus of operative fact
28 USC §1441 (B)
- home state defendant rule: when original jurisdiction is based on §1332(a) and a defendant is a citizen of the State of where the action is filed, the case CANNOT be removed
- if original jurisdiction is based on diversity, the case CANNOT be removed if the defendant is a citizen of the State of where the action is filed
What are the 2 primary bases for Subject Matter Jurisdiction?
What is federal question and diversity?
What is the well-pleaded complaint rule?
The well-pleaded complaint rule states that federal question jurisdiction only exists if the plaintiff's initial complaint shows that the plaintiff's claim arises under federal law.
§1332 (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 _________ and of the State or foreign state where it has its ______________, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of--
2) the legal representative of the estate of a decedent shall be deemed to be a citizen ___________, and the legal representative of _______ or ________ shall be deemed to be a citizen ___________ as the _________ or _________.
- incorporated (1)
- principal place of business (1)
- only of the same State as the decedent (2)
- an infant or incompetent (2)
- only of the same State (2)
- infant or incompetent (2)
28 USC §1367(B)
- mandatorily takes some away under 28 USC 28 §1332
- only applies when original jurisdiction is under
§1332
- the plaintiff CANNOT add a party who would break diversity, BUT the def. CAN
28 USC §1441 (C)
Federal courts do not have jurisdiction to _________, _________, or ________ between spouses who are citizens of different states.
1) grant divorces,
2) adjudicate child custody, or
3) divide marital property
What is the exclusion for the well-pleaded complaint rule?
What is anticipated defenses?
- you cannot get into federal court just b/c the other side might raise a federal law as a defense
What is a corporation's principal place of business?
What did Hertz rule in regards to determining PPB?
PPB: Where the corporation's high level officers direct, control, and coordinate the corporation's activities
- corporation's "nerve center"/headquarters
- not simply an office where the corporation holds its board meetings
Hertz: b/c Hertz got most of their revenue and activity from California, that is their PPB
28 USC §1367 (C)
- may take some away if the court decides
- district court MAY decline if:
1) raises a novel or complex issue of state law
2) substantially predominates over the claim/claims w/ original jurisdiction
3) district court has dismissed all claims w/ original jurisdiction
4) exceptional circumstances or compelling reasons
28 USC §1446
- must file notice of removal w/ a short and plain statement of grounds for removal
- all defendants must consent to removal
- in good faith, the courts/defense must assume AIC is met by the preponderance of the evidence (b/c state courts don't require a specific AIC)
- if the initial pleading is not removable, defendant has 30 days from the time the case becomes removable
- if original jurisdiction is based on 1332:
1) File notice of removal within 30 days, AND
2) notice of removal had to have been filed within a year of summons/complaint being served
UNLESS PLAINTIFF ACTED IN BAD FAITH!
What are the steps of a lawsuit?
1. Starts with a complaint
2. File an Answer OR motion to dismiss
3. Discovery
4. One or both parties file motion for summary judgment
5. Trial
What do FRCP 12(b)(1)&(6) state?
How to present defenses:
Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
1) lack of subject matter jurisdiction
6) failure to state a claim upon which relief (remedy) can be granted
Individuals are citizens of the state in which they are domiciled, which is determined by what?
1) where they physically reside and are present, AND
2) their intent to remain indefinitely (looking at outward manifestation)
How and why did Supplemental Jurisdiction originate?
originated in case law that stretched federal jurisdiction to cover parts of cases that, if brought independently, would not fit within the district courts' subject matter jurisdiction
28 USC §1447
- if at any time before final judgment, it appears that the district courts lack subject matter jurisdiction, the case shall be remanded