One Major Type - Civil Procedure - Lecture Slides, Slides of Civil procedure

These are the lecture slides of Civil Procedure. Key important points are: One Major Type, Jurisdiction, Constitution Art, Narrowly, Constitutional Scope, Action Recommenced, Supreme Court, Mottleys Lose, Different States, Claiming Lands

Typology: Slides

2012/2013

Uploaded on 01/26/2013

radheshyam
radheshyam 🇮🇳

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You should understand one major type of
limited subject matter jurisdiction of a federal
court: federal question jurisdiction
You should also know that despite the
similarity of language between 28 U.S.C. s.
1331 and the Constitution Art. III s. 2, the
Supreme Court has interpreted the reach of the
statute much more narrowly than the
constitutional scope of the arising under
jurisdiction.
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You should understand one major type of limited subject matter jurisdiction of a federal court: federal question jurisdiction You should also know that despite the similarity of language between 28 U.S.C. s. 1331 and the Constitution Art. III s. 2, the Supreme Court has interpreted the reach of the statute much more narrowly than the constitutional scope of the arising under jurisdiction.

The Aftermath of Louisville &

Nashville v. Mottley

  • Supreme Court reverses and remands with instructions to circuit court to dismiss for lack of jurisdiction. Action recommenced in a state court
  • Action eventually ends up in the U.S. Supreme Court
  • U.S. Supreme Court finally rules on the merits
  • The Mottleys lose (see 219 U.S. 467 (1911)).

DIVERSITY JURISDICTION

  • U.S. Constitution Article III section 2 states: “ The judicial Power [of the United States] shall extend to... Controversies between Citizens of different States... and between a State, or the Citizens thereof and foreign States, Citizens, or Subjects.”

DIVERSITY and ALIENAGE

JURISDICTION

  • Rationale?
  • Need for reform?

Restrictions on Diversity

Jurisdiction

    1. AMOUNT IN CONTROVERSY ( St. Paul Mercury Indemnity Co. v. Red Cab Co. (1938)
    1. COMPLETE DIVERSITY ( Strawbridge v. Curtis (1806)
    1. EXCEPTIONS (marital status, probate)

Requirements for Diversity

• 1. CITIZENSHIP

• 2. COMPLETE DIVERSITY

• 3. AMOUNT IN CONTROVERSY

CITIZENSHIP OF A NATURAL

PERSON

  • Based on idea of “domicile”