Understanding Civil Procedure: State vs. Federal Court Systems Explained
Delve into the complexities of Civil Procedure law and explore the differences between state and federal court systems. Learn about subject matter jurisdiction, personal jurisdiction, and venue, as well as the unique powers and limitations of state and federal courts. Gain insights into why Civil Procedure may seem challenging and discover the key themes in the course.
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Presentation Transcript
last time 1) brief description of subject matter of course a) why does Civ Pro seem to hard? b) three main themes in course 2) state and federal court systems
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 does not matter (for smj) who the parties are
for VA state ct on issues of VA state law, appeal up to VA state ct on issues of federal law, possible appeal after VA SCt to the US SCt not so for issues of CA or German law
but federal courts can take cases under state or foreign law too, not just federal law on issues of federal law, possible appeal up to the US SCt not so for state or foreign law
distinguish smj is the type of case one 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 defendant? - can be created through consent venue is the case in the right place in the court system?
Congress passes a statute abolishing all federal district courts and federal courts of appeals constitutional?
U.S. Const. Art. III, 1 The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish .. U.S. Const. Art. I, 8 The Congress shall have power To constitute tribunals inferior to the Supreme Court
Congress passes a statute giving federal district courts jurisdiction only over controversies between citizens of different states, not cases arising under federal law constitutional?
U.S. Const. Art. III, 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.
the US SCt has not answered a question of federal law the 4thCircuit has answered it is that binding on the a VA state court?
GPR: 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 . . .
28 U.S.C. 28 U.S.C. 1332. costs 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; and (4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States. 1332. - - Diversity of citizenship; amount in controversy; Diversity of citizenship; amount in controversy;
why does Congress have the power to regulate the procedure of federal courts?
U.S. Const. Art. I, U.S. Const. Art. I, 8. 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. 28 U.S.C. 2072. evidence; power to prescribe 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. 2072. - - Rules of procedure and Rules of procedure and
Fed. R. Civ. P. 4. Summons 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 individual s 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....
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
P sues D under Virginia tort law in the E.D. Va. the statute of limitations for tort in Virginia is one year can the federal court use a federal common law time limitation on the action instead?
Amendment XIV. Section 1. nor shall any State deprive any person of life, liberty, or property, without due process of law
state constitutional law state statutory law state procedural codes state common law
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 D s party, causing P severe emotional harm which fail to state a claim: 1), 2), or both?
P alleges that D drove a car negligently, causing an accident in which P suffered physical harm possible defenses by D ?
