CONCEPTUAL FRAMEWORK Choosing a Trial Court

1
CONCEPTUAL FRAMEWORK Choosing a Trial Court
2
CONCEPTUAL FRAMEWORK Federal Court SMJ
3
SKILLS READING STATUTES

• 28 U.S.C. 1332(a)(1)
• The district courts
• shall have original jurisdiction
• of all civil actions
• where the amount in controversy
• exceeds the sum or value of 75,000
• exclusive of costs and interests,
• and is between
• (1) citizens
• of different States

4
MAS v. PERRY, p. 229RULE CHOICE

• Whats going on in an appellate case?
• Controversy
• What the law is
• How to interpret it
• How law applies to a given set of facts
• Court is making a choice

5
TAKEAWAYS

• Statute reading skills
• Method slow down, break it apart
• Ambiguity find the weasel words

6
TAKEAWAYS

• Statute reading skills
• Method slow down, break it apart
• Ambiguity find the weasel words
• Case reading skills
• Substantive claim
• Procedural posture
• Rule choice
• Black letter law

7
TAKEAWAYS

• Black letter law
• Citizenship
• Determined as of time complaint filed
• U.S. citizen
• Domiciliary of state
• Residence intent to remain
• Effect of marriage on citizenship
• Complete diversity requirement
• All plaintiffs from different state than all
  defendants