sources of procedural law in federal court

sources of procedural law in federal court

Wednesday, Aug. 29 state and federal courts one main theme of this course

structure of the American legal system state-state and state-nation federal-state Congress v. Judiciary

state courts are courts of general subject matter jurisdiction VA state court can take action under federal, sister state (e.g.

CA), and foreign (e.g. German) law - exception, exclusive federal smj

for VA state ct on issues of VA state law, appeal up to VA SCt on issues of federal law, possible appeal after VA SCt to the US SCt

no appeal to CA SCt for issues of CA law federal courts are courts of limited smj main sources:

arising under diversity alienage federal courts can take cases under

state or foreign law, not just federal law if there is diversity or alienage jurisdiction on issues of federal law, possible appeal up to the US SCt

no appeal to state supreme court for issues of state law distinguish smj is the case of a type that can be entertained

by the court system? - usually an issue only for federal courts - cannot be created through consent personal jurisdiction does the court system have the power to issue a binding judgment on the party

(usually a defendant)? - can be created through consent venue is the case in the right place in the court system?

the US SCt has not answered a question of federal law the 4th Circuit has answered it is that binding on the a VA state court?

sources of federal procedural law in federal court Glannon:

constitutional law statutory law Fed. R. Civ. P. local rules

U.S. Const. Amendment V. No person shall . . . be deprived of life, liberty, or property, without due process of law . . .

in Germany, Michael Green gets into a fight with Gnter, a German he sues Gnter in the E.D. Va. under German law

Sec. 1391. - Venue generally (a) Applicability of section.--Except as otherwise provided by law-(1) this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action

is local or transitory in nature. (b) Venue in general.--A civil action may be brought in-(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or

(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. why does Congress have the power

to regulate the procedure of federal courts? U.S. Const. Art. I, 8. The Congress shall have Power

... Clause 9: To constitute Tribunals inferior to the supreme Court; . . . And Clause 18:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Rules Enabling Act 28 U.S.C. 2072. - Rules of procedure and evidence; power to prescribe (a) The Supreme Court shall have the

power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and

courts of appeals. Fed. R. Civ. P. 4. Summons ... (e) Serving an Individual Within a Judicial District of the United States.

Unless federal law provides otherwise, an individual other than a minor, an incompetent person, or a person whose waiver has been filed may be served in a judicial district of the United States by: (1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is

located or where service is made; or (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individuals dwelling or usual place

of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process....

district court rules and standing orders federal procedural common law

P sues D in E.D. Va. for violating Ps patent P loses the patent is determined to be invalid

P then sues X in S.D.N.Y. for violating the same patent state procedural law in federal court?

P sues D under Virginia tort law in the E.D. Va. the statute of limitations for tort in Virginia is one year

P sues D under Virginia tort law in the California state court the statute of limitations for tort in Virginia is one year

sources of procedural law in state court Amendment XIV. Section 1.

nor shall any State deprive any person of life, liberty, or property, without due process of law in Michigan, Michael Green gets into

a fight with Albert, a Michigander he sues Albert in Virginia state court under Michigan law state

state state state constitutional law

statutory law procedural codes common law federal procedural law in state

court? process of litigation choosing a court

drafting a complaint filing/service

getting rid of the action quickly lack of jurisdiction/venue failure to state a claim

1) P alleges in his complaint that D has created a ray-gun that he aims at P in secret, giving P severe headaches 2) P alleges in his complaint that D failed to invite P to Ds party, causing P severe

emotional harm which fail to state a claim: 1), 2), or both? answer

P alleges that D drove a car negligently, causing an accident in which P suffered physical harm possible affirmative defenses by D?

amendment discovery summary judgment

trial post-trial motions

appeal preclusion now

subject matter jurisdiction federal subject matter jurisdiction

diversity and alienage jurisdiction U.S. Const. Article III. Section. 2.

Clause 1:The judicial Power shall extend to Controversies between a State and Citizens of another State;-between Citizens of different Statesand between a State, or the Citizens thereof, and foreign

States, Citizens or Subjects. Sec. 1332. - Diversity of citizenship; amount in controversy; costs (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest

and costs, and is between-(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are

domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; .. . . (e) The word ''States'', as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico

distinguish constitutional scope of diversity/alienage from scope of 1332

why does diversity/alienage jurisdiction exist? should there be diversity, given its

purpose? is there diversity? 1) a Californian sues a Nevadan in federal court in Oregon 2) a Californian sues a Nevadan in

federal court in California what does it mean to be a citizen of a State?

lets start with human beings what does it take for a human being to be a citizen of Virginia? Gnter is a German national

domiciled in Virginia is he a citizen of Virginia? Gnter sues Franois, a Frenchman domiciled in New York

what is domicile? only one domicile (for diversity purposes)

always a domicile you do not relinquish old one until you establish a new one Gordon v. Steele, 376 F. Supp. 575

(W.D. Pa. 1974) when did cause of action arise? what was her domicile then?

burden of proof is on? who decides the factual question of domicile? under both Idaho and Pennsylvania

law, Gordon is domiciled in Pennsylvania does that matter? domicile of choice

intent to remain indefinitely v. intent to make it your home

Gordon intends to remain indefinitely in Idaho/to make Idaho her home she leaves for Idaho but gets into an accident in Illinois on the way,

remains there for recovery domicile? would it matter that she had visited Idaho before the accident?

intent to remain indefinitely v. intent to make it your home how does Gordon come out under

each test? what if she intended to go to Colorado after graduation?

assume that after the litigation is over Susan decides that after school she will return to Pennsylvania where is her domicile at the time of her decision?

Michael Green, a Californian, moved to Virginia to take a job at William and Mary Law School he intends to return to California on

his 65th birthday what evidence did the court look to? not residence!

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