CIVIL PROCEDURE CLASS 4 SUBJECT MATTER JURISDICTION I

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CIVIL PROCEDURE CLASS 4SUBJECT MATTER
JURISDICTION I Federal Question Jurisdiction

• Professor Fischer
• Columbus School of Law
• The Catholic University of America
• Aug. 29, 2005

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5. VENUE

• Even if there is personal jurisdiction, there is
  a further question where within a state can a
  case be brought?
• Congress has enacted federal venue legislation
• There are also statutory venue rules for civil
  actions in state court

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6. PLEADING

• How do the parties frame their cases?
• A. Complaint
• B. Answer
• C. Counterclaim
• D. Third Party Claim (Impleader)
• E. Cross-Claim

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7. DISCOVERY

• What information can one party obtain from
  another party to the litigation?
• E.g. INTERROGATORIES, DEPOSITIONS, REQUESTS TO
  INSPECT/COPY DOCUMENTS
• See FRCP 26-37
• Importance of district court rules and individual
  judges rules

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8. PRE-TRIAL ADJUDICATION

• Not all actions go to trial!
• Contrast with settlement
• MOTION to DISMISS Complaint (FRCP 12(b))
• MOTION for SUMMARY JUDGMENT (FRCP 56)

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II. TRIAL

• 1. RULES FOR CONDUCT OF TRIAL
• 2. ADJUDICATION BEFORE THE END OF TRIAL
• 3. BURDEN OF PERSUASION

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III. POST-TRIAL

• 1. ENFORCEMENT OF JUDGMENT
• 2. POST-TRIAL MOTIONS AFFECTING JUDGMENT
• 3. APPEALS
• 4. BINDING EFFECT OF JUDGMENT

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Constitutional Basis for federal subject matter
jurisdiction?
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U.S. Constitution - Article III Section 2

• The judicial power shall extend to all cases, in
  law and equity, arising under this Constitution,
  the laws of the United States, and treaties made,
  or which shall be made, under their
  authority--to all cases affecting ambassadors,
  other public ministers and consuls--to all cases
  of admiralty and maritime jurisdiction--to
  controversies to which the United States shall be
  a party--to controversies between two or more
  statesbetween a state and citizens of another
  state -- between citizens of different
  states--between citizens of the same state
  claiming lands under grants of different states,
  and between a state, or the citizens thereof, and
  foreign states, citizens or subjects.

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Art. III s. 2 Major Categories of Federal Subject
Matter Jurisdiction we will study

• Cases arising under Constitution/laws of
  U.S./treaties FEDERAL QUESTION
• Cases between a state and citizens of a different
  state or citizens of different states -
  DIVERSITY
• Cases between a state/citizens of a state and
  foreign states/citizens/subjects ALIENAGE

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GENERAL FEDERAL QUESTION STATUTE

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GENERAL FEDERAL QUESTION STATUTE

• 28 U.S.C. 1331 The district courts shall
  have original jurisdiction of all civil actions
  arising under the Constitution, laws or treaties
  of the United States

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HYPOTHETICAL

• Jane is the inventor of a motorized spaghetti
  fork. The United States Patent and Trademark
  Office grants her a patent on her invention.
  Patents are governed exclusively by federal law.
• Jane wants to sue Al for marketing a competing
  motorized spaghetti fork, claiming patent
  infringement under the federal Patent Act.
• Jane and Al are both citizens of MD
• Can Jane sue Al in federal court?

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• In 1970 Mr and Mrs Plaintiff entered into a
  contract with Jet Aqua Airlines to provide them
  with passes for free travel on the airline,
  renewable annually for their lifetimes. In
  2002, Congress passed the No Free Airline Travel
  Act, prohibiting the airlines from providing free
  transportation to anyone. Mr and Mrs Plaintiff
  (who are not diverse from Jet Aqua) want to sue
  Jet Aqua in federal court. Advise Mr. and Mrs.
  Plaintiff on the issue of subject matter
  jurisdiction.

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THE WORDS OF JUSTICE MOODY in Mottley (1908)

• A suit arises under the Constitution and laws of
  the United States only when the plaintiffs
  statement of his own cause of action shows that
  it is based upon those laws or that Constitution.
  It is not enough that the plaintiff alleges some
  anticipated defense to his cause of action, and
  asserts that the defense is invalidated by some
  provision of the Constitution of the United
  States.

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JUSTICE WILLIAM H. MOODY

• Served 1906-1910
• Appointed by Theodore Roosevelt
• Former Secretary of the Navy, Attorney General,
  Member of the House of Representatives
• Prosecuted Lizzie Borden