CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction Venue Venue Transfer Forum non conveniens

CONCEPTUAL FRAMEWORK Federal Court SMJ Subject Matter Jurisdiction Federal question 28 U.S.C. §1331 Diversity of citizenship 28 U.S.C. §1332 Supplem. 28 U.S.C. §1367 Removal 28 U.S.C. §1441

SKILLS: READING CASES Basic Case Reading Louisville & Nashville RR. v. Mottley, p. 229 Substantive Claim Plaintiff? Explain the caption “Specific performance”

SKILLS: READING CASES Basic Case Reading Procedural posture What happened below? Who raised the smj issue? ?!?!?!

SKILLS: READING STATUTES Method 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

SKILLS: READING STATUTES Ambiguity What ambiguities? “arising under”

SKILLS: READING STATUTES Protocols Louisville & Nashville RR v. Mottley What protocols does court use to resolve the ambiguity?

SKILLS: READING CASES Rule Choice Mottley court What does “arising under” mean? What’s an alternative to the rule adopted in Mottley?

BLACK LETTER LAW: “Well-pleaded complaint rule” Key doctrinal point Mottley Significant, controlling issue of federal law Not enough to create fed question jurisdiction Federal issue must be part of “claim”

SKILLS: Connecting Substance and Procedure Key practice point Can’t know whether have federal question smj Unless know what means to state a claim

SKILLS: Connecting Substance and Procedure 1 st Year Courses Tort, Contracts, Property Teach elements of claim Duty (tort) or Formation (contract) Breach Causation Damages

SKILLS: Arguing “Policy” Policy Defend rule of Mottley “well-pleaded complaint” rule What would world look like if adopt alternative?

BLACK LETTER LAW Challenging SMJ Summary Motion to dismiss 12(b)(1) Objection never waived: 12(b)(h)(3) Court can raise “sua sponte” Either party can raise Even on appeal

BLACK LETTER LAW Challenging SMJ Relationship between smj & stating a claim Jurisdiction to decide jurisdiction

TAKEAWAYS Skills Conceptual Frameworks Federal court subject matter jurisdiction Statute Reading MAP Case Briefing Rule Choice

TAKEAWAYS Black Letter Law Black Letter Law “Well-pleaded complaint” rule Federal questions Part of pl’s claim Not anticipate defence Objecting to federal court smj SMJ never waived