CIVIL PROCEDURE CLASS 4 SUBJECT MATTER JURISDICTION I – Federal Question Jurisdiction Professor Fischer Columbus School of Law The Catholic University of America Aug. 29, 2005

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

7. DISCOVERY What information can one party obtain from another party to the litigation? E.g. INTERROGATORIES, DEPOSITIONS, REQUESTS TO INSPECT/COPY DOCUMENTS See FRCP Importance of district court rules and individual judges rules

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

III. POST-TRIAL 1. ENFORCEMENT OF JUDGMENT 2. POST-TRIAL MOTIONS AFFECTING JUDGMENT 3. APPEALS 4. BINDING EFFECT OF JUDGMENT

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.

Art. III s. 2 Major Categories of Federal Subject Matter Jurisdiction we will study Cases arising under Constitution/laws of U.S./treaties – FEDERAL QUESTION Cases between a state and citizens of a different state; or citizens of different states - DIVERSITY Cases between a state/citizens of a state and foreign states/citizens/subjects – ALIENAGE

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”

HYPOTHETICAL Jane is the inventor of a motorized spaghetti fork. The United States Patent and Trademark Office grants her a patent on her invention. Patents are governed exclusively by federal law. Jane wants to sue Al for marketing a competing motorized spaghetti fork, claiming patent infringement under the federal Patent Act. Jane and Al are both citizens of MD Can Jane sue Al in federal court?

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.”

JUSTICE WILLIAM H. MOODY Served Appointed by Theodore Roosevelt Former Secretary of the Navy, Attorney General, Member of the House of Representatives Prosecuted Lizzie Borden