Professor Keith Rizzardi
Introduction, Syllabus & Perspectives FRCP Court systems Federalism MBTA Handout
Civility “Every action done in company ought to be with some sign of respect to those that are present.” Consider: George Washington Civility in politics vs. Civility in courtroom
Professionalism The Guidelines for Professional Conduct “Law students must Character appreciate that practicing Competence with professionalism is Commitment more than aspirational, Civility it is expected in Florida .”
Civil Procedure: big picture Name some parts of a lawsuit Three types of courses in one! Complaint Constitutional law Common law Motions Rules & statutes Discovery Trial Appeals We will explore this is much greater detail!
Federalism & Courts U.S. System Florida System U.S. Supreme Court Florida Supreme Court U.S. Circuit Courts District Court of Appeal Circuit Court U.S. District Courts County Court
Court reporters United States Reports (U.S.) Southeastern (S.E. and Supreme Court Reporter (S. Ct.), S.E.2d)(GA, NC, published by Thomson Reuters; SC, VA, WV) United States Supreme Court Reports, Lawyers’ Edition (L. Ed.), Southern (So., published by LexisNexis. So.2d and Federal Reporter (F., F.2d, F.3d) So.3d)(Ala, FL, (decisions by federal appeals LA, Miss) courts) Federal Supplement (F. Supp., F. Supp. 2d, F. Supp. 3d)(decisions by the federal district courts)
Courts & Jurisdiction Sovereign immunity Full faith and credit clause Sources of Law Rules of Law vs. “Policies”
The power of an opinion Precedent Stare Decisis Precedent merely stare decisis requires requires that courts that a court follow its look to previous own decisions and the decisions for guidance. decisions of higher courts within the same jurisdiction. Persuasive /discretionary Compulsory / binding (sort of…)
The power of an opinion Dissenting Concurring Appellate judges who Appellate judges who disagree with the agree with the decision majority decision and but either disagree with who refuse to join the the majority’s reasons or would have reached court’s opinion. the same decision on other grounds are said to concur. Today’s dissent could become tomorrow’s majority.
The U.S. Constitution Jurisdiction Case analysis & briefing Strawbridge, Mas & diversity jurisdiction Dicta
U.S. Constitution Article I: Legislative Article II: Executive Article III: Judiciary
In other words: FIRAC? Facts Good approach for essay and short Issue answers Don’t overdo facts – Rule of Law you will often include them in the application Application section. Conclusion Some professors will tell you IRAC…
“between citizens of different states” Minimal diversity Complete diversity All plaintiffs are from different states than all Some plaintiffs are defendants from different states than some defendants No shared states between Note: some exceptions exist… plaintiffs and defendants. Minimal diversity is enough in class actions… some Plaintiffs from different states.
The legislative process The process of creating a statute: Legislator drafts Committee hearings Bicameral legislatures approve House & Senate Executive signature Or veto & override Undefeated or bust
28 USC §1332 (a) The district courts shall have original jurisdiction of all civil actions where the Possible scope of matter in controversy exceeds Art. III, Sec. 2 the sum or value of $75,000, exclusive of interest and costs, Scope of and is between — diversity (1) citizens of different jurisdiction States … conferred by statute (2) citizens of a State and citizens or subjects of a foreign state…
Citizenship = domicile + subjective intent Domicile Subjective intent Residence (sleeping) Current plans Drivers license Future plans Indefinite intent may be Voting enough Insurance
Subject matter jurisdiction General jurisdiction Limited jurisdiction Federal question jurisdiction Embedded federal questions
Federal question jurisdiction: Sources of the concept Constitutional Statutory Art. III, Sec. 2, U.S. Const. 28 U.S. Code § 1331 The judicial power shall The district courts shall extend to all cases, in have original jurisdiction of all civil actions arising law and equity, arising under this Constitution, under the Constitution, the laws of the United laws, or treaties of the States, and treaties United States. made…
In Sum: Fed Q? Jurisdiction Justice Marshall’s Ingredient Test Embedded Federal Questions Jurisdiction requires a federal Federal issue must be: ingredient (too broad?) Necessarily raised Louis. & Nash. RR v. Mottley Actually disputed Well pleaded complaint rule Substantial Capable of being Justice Holmes Creation Test considered by federal A suit arises under the law forum without that creates the cause of disturbing balance of action state & federal courts
Experiencing Civ Pro: Disney, Guns & Baseball Removal 28 U.S.C. §§ 1404, 1441, 1446, 1447 Motion to remand Transfer 28 U.S.C. §1404 Caterpillar ROWS 4 and 5 are feeling HOT , HOT, HOT
Caterpillar v. Lewis Lewis’ arguments SCOTUS concludes to wipe out adjudication post D from KY not yet judgment… exorbitant cost… dismissed, incompatible with removal improper administration of justice. 1 year limitation We do not anticipate the dire should have consequences Lewis forecasts. prevented Don’t empower Well-advised Ds foresee D’s to misuse outcome of an unwarranted removals. removal
Studying & Outlining Supplemental Jurisdiction Pendant & ancillary jurisdiction Gibbs & Exxon Row 6 is feeling HOT, HOT, HOT
Supplemental Jurisdiction A case can be about more than one thing…
Exxon Mobile v. Allapattah 545 US 546 (p. 62) Though the doctrines of pendent and ancillary jurisdiction developed separately as a historical matter, the Court has recognized that the doctrines are “two species of the same generic problem,” Kroger . Nothing in §1367 indicates a congressional intent to recognize, preserve, or create some meaningful, substantive distinction between the jurisdictional categories we have historically labeled pendent and ancillary.
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