Glannon Outline - Jurisdiction o Federal Court are limited...

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Jurisdiction o Federal Court are limited jurisdiction courts Subject Matter Jurisdiction State courts have very broad subject matter jurisdiction, federal courts have more limited jurisdiction. “Arising Under”—when the claim comes from a federal source Article III, § 2 lists the cases that federal courts can hear, those not listed must be brought in state court. o Only P can invoked “arising under” claim; D’s actions cannot o Judge decides if the action “arises under’ federal law o Congress mandates certain cases be filed exclusively in Federal Crt. o You can, however, bring a federal case in state court. Article III doesn’t create the lower federal courts, but leaves that and the creation of their jurisdiction to Congress Two questions to answer to determine if a suit should be filed in federal court: 1. Is this an issue given to the federal courts by Art. III? 2. If so, has Congress conveyed jurisdiction over this type of case in a federal statute? 28 USC 1331 bestows arising-under jurisdiction over “cases arising under the Constitution, laws or treaties of the US.” o More narrow than constitutional authorization o Applies only if the plaintiff’s claim requires proof of federal law o Well-pleaded complaint rule: the plaintiff must raise a federal issue in one of the necessary elements of the claim. o Holmes test: federal law creates the underlying substantive right plaintiff seeks to enforce and authorizes plaintiffs to go to court for a remedy Diversity Jurisdiction—when parties are citizens of different states Allows a party to bring a state claim in federal court, as long as the claim is for more than $75,000. Article III, § 2 gave Congress the power to confer jurisdiction on the lower courts. 28 USC § 1332—narrower than Art. III, § 2, has the amount-in-controversy requirement. Strawbridge v. Curtis —must be complete diversity. Personal—courts decided what citizenship is Test: 1. reside somewhere AND 2. intend to stay there indefinitely Until you meet both of these requirements, you remain a citizen of your previous state Corporation—under 28 USC § 1332(c) Test: (28 USC § 1332(c)(1)) 1. Principal place of business a. Where it produces most of it s products/ services b. “nerve center”/ “daily activities” 2. State in which you are incorporated Complete diversity —both sides of the v. must be 100% different Foreign Citizens o You cannot be a citizen of a sate unless you are a citizen of the United States o If you are a “resident alien,” then you are a US citizen for jurisdictional purposes Amount in controversy o Must be more than (not equal to) 75k as determined by what the judge thinks a reasonable jury might award o This is inclusive punitive damages (exclusive interests/ attorney’s fees) Aggregation of Damages o You can add up all claims against the defendant, regardless of the relationship of the claims o You cannot aggregate claims between plaintiffs to get $75K o If one plaintiff meets the $75K requirement, the court has supplemental jurisdiction over
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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.

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Glannon Outline - Jurisdiction o Federal Court are limited...

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