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Federal Jurisdiction in Civil Cases: Understanding Venue, Pleading, Discovery, and Trial, Slides of Civil procedure

Alagappa UniversityCivil procedure

An overview of the key aspects of federal jurisdiction in civil cases, including venue, pleading, discovery, and trial. It covers topics such as the constitutional basis for federal subject matter jurisdiction, types of federal question jurisdiction, and the importance of district court rules and individual judges' rules. The document also includes hypothetical scenarios to help illustrate the concepts.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

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5. VENUE
•Even if there is personal jurisdiction, there is
a further question: where within a state can a
case be brought?
•Congress has enacted federal venue
legislation
•There are also statutory venue rules for civil
actions in state court
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Download Federal Jurisdiction in Civil Cases: Understanding Venue, Pleading, Discovery, and Trial and more Slides Civil procedure in PDF only on Docsity!

5. VENUE

  • Even if there is personal jurisdiction, there is

a further question: where within a state can a case be brought?

  • Congress has enacted federal venue

legislation

  • There are also statutory venue rules for civil

actions in state court

6. PLEADING

  • How do the parties frame their cases?

A. Complaint

B. Answer

C. Counterclaim

D. Third Party Claim (Impleader)

E. Cross-Claim

8. PRE-TRIAL ADJUDICATION

  • Not all actions go to trial!
  • Contrast with settlement
  • MOTION to DISMISS Complaint ( FRCP 12(b))
  • MOTION for SUMMARY JUDGMENT ( FRCP

56)

II. TRIAL

1. RULES FOR CONDUCT OF TRIAL

2. ADJUDICATION BEFORE THE END OF

TRIAL

3. BURDEN OF PERSUASION

Constitutional Basis for federal subject

matter jurisdiction?

U.S. Constitution - Article III Section 2

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;between a state and citizens of another state; -- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

GENERAL FEDERAL QUESTION

STATUTE

GENERAL FEDERAL QUESTION

STATUTE

  • 28 U.S.C. § 1331: “The district courts shall

have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States”

  • In 1970 Mr and Mrs Plaintiff entered into a contract with Jet Aqua Airlines to provide them with passes for free travel on the airline, renewable annually for their lifetimes. In 2002, Congress passed the No Free Airline Travel Act, prohibiting the airlines from providing free transportation to anyone. Mr and Mrs Plaintiff (who are not diverse from Jet Aqua) want to sue Jet Aqua in federal court. Advise Mr. and Mrs. Plaintiff on the issue of subject matter jurisdiction.

THE WORDS OF JUSTICE MOODY in

Mottley (1908)

  • “A suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution. It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States.”