Federal Jurisdiction Outline

Federal Jurisdiction Outline - www.swapnotes.com 1 Federal...

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1) Federal Jurisdiction Outline a) Development of the Federal Judicial System b) Congressional Control over Federal and State Courts i) Power of Congress over Federal Court Jurisdiction 2) Congress has limited power over state courts. a) Portal to Portal Act cases : ct will go out of its way to read statutes so that they do not foreclose all judicial review. E.g. Statutes said time spent washing hands at work is not in the clock and that no ct st or fed can fine ers. i) H: cong does not have the right to restrict jurisdiction that prevents all cts from hearing claims. Congress has the power to restrict but cannot violate the dp rt to law given by const. Some ct, st or fed, must be able to hear the claims. b) State court Power : power of congress to decide not to create lower fed cts, implies that there is limit on congress to restrict st cts from entertaining fed claims. Congress has minor power over st ct jurisd but a major power over fed ct jurisdictions. i) There’s nothing in ArtIII or 5tgh Amdmt that oblig fed ct to hear your const claim. Under supremacy clause, your right to jud review is satisfied if you can get a state ct to hear it. St ct are consid to be equiv to fed ct/ArtIII ct. St cts must hear const claims. Thus, when ct is invited by congress to enforce/granted jurisdition, you must allow all defense even it it’s an attack constitutionality of statute. See Yakkus . ii) Cong can shut fed ct, but less power to shut st. If st ct shut, then Congress must provide alt forum. If no alt forum, st ct opens first. iii) Congress can substantively take away right to interlocutory relief given the nature of the time/emergency. iv) Where both cts are closed, P can argue that as a matter of congressional intent, congress didn’t want litigation to proceed in st cts instead of fed. 3) Proponents of power to determine the scope of fed court authority Structural Q: who will hear the case? Substantive Q: Why is P entitled to relief? a) Lockerty v. Phillips . Wholesale meat dealers sued in fed ct to restrain US Attny Gen from prosecuting violations of fed Price Ctrl Act. Act requires exhaustion of administrative protest or emerg app ct (Article I cts created by Congress, no judicial review.) and only appeal to s ct. Lower fed cts could not hear claim. Ps went straight to fed ct instead of admin. i) H: 1) Fed D Ct lacked jurisd to hear challenges to act. ii) R: 1) Congress saw fit to confer equity jurisd and w/draw jurisd from st and fed cts to enforce Price Ctrl Act. Congress has the power to ordain and estb inferior cts and invest in them jurisdiction either lmted, concurrent, or exclusive and of w/holding jurisdiction from them how Congress may seem proper for the pub good. 2) Separability clause is const’l, thus Ct would have to give effect to act, including jurisd restriction. In theory, this is good bc st ct is fall back ct w/gen’l jurisd. In actuality,
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This note was uploaded on 02/14/2008 for the course LAW 7601 taught by Professor Cunnigham during the Fall '03 term at Yeshiva.

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Federal Jurisdiction Outline - www.swapnotes.com 1 Federal...

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