1. CIVIL PROCEDURE CLASS 4 SUBJECT MATTER JURISDICTION I – Federal Question Jurisdiction Professor Fischer Columbus School of Law The Catholic University of America September 3 2003

2. 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.

3. 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

4. GENERAL FEDERAL QUESTION STATUTE 28 U.S.C. § 1331

5. 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?

6. 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.

7. 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.”

8. JUSTICE WILLIAM H. MOODY Served 1906-1910 Appointed by Theodore Roosevelt Former Secretary of the Navy, Attorney General, Member of the House of Representatives Prosecuted Lizzie Borden

9. The Aftermath of Louisville & Nashville v. Mottley Supreme Court reverses and remands with instructions to circuit court to dismiss for lack of jurisdiction. Action recommenced in a state court Action eventually ends up in the U.S. Supreme Court U.S. Supreme Court finally rules on the merits The Mottleys lose (see 219 U.S. 467 (1911)).

10. SUBJECT MATTER JURISDICTION AND FEDERALISM Concurrent jurisdiction is frequent Do state courts also have a doctrine of subject matter jurisdiction? Choosing the proper court

11. WRAP UP  You should understand one major type of limited subject matter jurisdiction of a federal court: federal question jurisdiction  You should also know that despite the similarity of language between 28 U.S.C. s. 1331 and the Constitution Art. III s. 2, the Supreme Court has interpreted the reach of the statute much more narrowly than the constitutional scope of the arising under jurisdiction.