Cornell Law - Civ Pro Outline (Clermont, Fall 1998)

Cornell Law - Civ Pro Outline (Clermont, Fall 1998) - Civil...

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Civil Procedure , fall 1998 - Professor Clermont Outline #2: Proper Court and Multiple Parties I. Selecting a Proper Court - Division of Business Between State and Federal Court Systems II. The Judicial Power of the States III. Tenth Amendment “ the power not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.” Judicial power is not prohibited to the states. IV. Article III - federal judicial power extends to ‘cases and controversies’ enumerated, representing a small fraction of disputes requiring adjudication. V. States have jurisdiction over many of these cases and controversies as well, resulting in concurrent jurisdiction, or a choice of venue. VI. Other cases and controversies are handled exclusively by federal courts, e.g. bankruptcy under federal anti-trust laws. VII. Subject matter jurisdiction VIII. General/Limited: State courts have general jurisdiction, which can hear any type of action unless prohibited by statute. Also, states have courts of limited jurisdiction, which are inferior and can only hear types of action specifically consigned to them (e.g. probate, small claims) IX. Original/Appellate: State constitutions designate in which courts a matter can begin - original jurisdiction - and to which court decisions can be appealed - appellate jurisdiction. X. Exclusive/Concurrent: State courts have exclusive jurisdiction over a majority of cases. A fewer number of cases can also be heard in federal court - concurrent jurisdiction, and a tiny number of cases belong exclusively in federal court. XI. The Judicial Power of the United States XII. Article III section 1: establishes Supreme Court and lower ‘inferior courts as the Congress may from time to time ordain and establish.’ XIII. Article III section 2: jurisdiction XIV. part 1: judicial power extends to: cases in law and equity, laws and treaties of the U.S., cases involving Ambassadors, Ministers and Consuls, admiralty and maritime cases, cases in which the U.S. is a party, controversies between two or more states, citizens of different states, state and citizens of another state, claiming land under grants from different states. XV. part 2: Supreme Court has original jurisdiction in cases involving Ambassadors, Ministers and Consuls, and cases in which a State is a party. In other cases it has appellate jurisdiction. XVI. part 3: trial of all crimes (except impeachment) shall be trial by jury. XVII. Article III section 3 defines treason (consists only in times of war) must have two witnesses, charge only applies during the life of the accused. XVIII. Subject-matter jurisdiction XIX. Limited/General: federal courts have limited jurisdiction to general federal questions, with exceptions and modifications outlined in 28 U.S.C. special statutes. Plaintiff must show that his complaint falls within federal jurisdiction [Rule 8(a)(1)] Court can notice lack of jurisdiction on its own [Rule 12(h)(3)]
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This note was uploaded on 02/12/2008 for the course LAW 5001 taught by Professor Holden-smith during the Fall '07 term at Cornell University (Engineering School).

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Cornell Law - Civ Pro Outline (Clermont, Fall 1998) - Civil...

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