Subject Matter Jurisdiction Model Answers

Subject Matter Jurisdiction Model Answers - Subject Matter...

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Subject Matter Jurisdiction Model Answers Fall 2001—IV. Would a federal court have SMJ over the π’s claims, and if so, is there anything the π can do to avoid having the case tried in federal court [A citizen of Denmark domiciled abroad, suing a Pacifica Corp. for damages of $250K under state and federal law. Afraid feds will dismiss for FNC.]? Please explain. In framing your answer, you may ignore questions of personal jurisdiction and venue. You may further assume that a Pacifica court would not dismiss her action on grounds of FNC. (10 minutes) NO SAMPLE ANSWER. SUGGESTED POINTS 1) Federal Subject Matter Jurisdiction a) Three bases of federal subject matter jurisdiction: i) general federal question jurisdiction, 28 USC § 1331 (1) Constitutional grant of authority (2) Statutory Basis—The “Well-Pleaded Complaint” Rule (a) Language here read MUCH MORE NARROWLY than that in the Constitution (b) The language of §1331 provides for original jurisdiction limited in two ways: (i) Most importantly, a case arises under the constitution, laws, or treaties within § 1331 only if a federal question would appear on face on the complaint . (c) Key Question: Does federal law supply an element of the claim?
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This note was uploaded on 08/28/2008 for the course LAW 433 taught by Professor Wooley during the Spring '08 term at University of Texas at Austin.

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Subject Matter Jurisdiction Model Answers - Subject Matter...

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