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B. Federal Courts
1. U.S. Const. Article III, section 2.
a. Outer limits of judicial authority
b. Congress can limit the exercise
2. Congressionally authorized
a. Federal Question Title 28 USC, §1331
b. Diversity of Citizenship, Title 28 §1332
A. US Const Article III, section 2
1. All cases arising under federal law
c!"
B. Federal Question Title 28 §1331
1. The district courts shall have original jurisdiction of all civil
actions
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the Constitution, laws, or treaties of the
United States.
2. $
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!a suit arises under the law that creates
the cause of action. American Well Works v. Layne
cSpectrum of cases
-Full trial followed by verdict-----------dismissals for procedural
issues.
.Toughest cases fall between the extremes
/Rule 12(b)(6) treated as on the merits unless specifies without
prejudice.
0Default judgments on the merits
%
1. Plaintiff is entitled to full day in court and should not lose the
right to a hearing on the substance of his grievance because of
procedural errors.
) )
$Transaction or occurrence
-See rules for joinder
.Party who has asserted a right to relief arising out of a
particular transaction or occurrence must join all claims he has a
#'to assert arising from it, or the omitted claims will be barred
by
.
,Preclusion turns on the to join the claim in the original action,
not whether the claim was actually asserted.
1)
$Claim preclusion does not turn the
of permissive joinder into a
.
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,
$Merger applies when a claimant wins a judgment, and then all
possible grounds for the cause of action are merged into the ruling.
1 )
#
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interest in not litigating same claim twice
,| interest in having an end to litigation
cScarcity of judicial resources
%Efficiency
(Promote stability after final judgment
Preventing inconsistent results
2SCOTUS list
1.reliance on judicial decisions
2. bars vexatious litigation
3. frees courts to resolve other disputes.
1 $#
$Potential preclusion of claims not originally known
,Forecloses relitigation of claims when wrong decision
1
#
$Affirmative defense that court will not raise unilaterally
,Waiver
1. Explicit or
2. Implicit, failure to raise or prior conduct
ISSUE PRECLUSION a.k.a. Collateral Estoppel
()
(1) Same issue; (2) actually litigated and decided; and (3) was ³necessary
to the court¶s judgment.´
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$Same parties
)
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$New parties not involved in original litigation
,Preventing unfairness and waste of judicial resources that flows
from allowing repeated litigation against new unrelated defendants.
(*
+ #
-Strong incentive to litigate issue in first suit
.Procedural opportunities to litigate issue originally
/Prior inconsistent judgments
0Danger of ³wait and see´ plaintiffs
$Minimize redundant litigation
CHOICE OF LAW
Rule In diversity jurisdiction cases, federal courts must apply the law that
would be applied by the courts of the state in which they sit.
R.D.A. 4
The laws of the several states, except where the Constitution or
treaties of the United States or Acts of Congress otherwise require or
provide, shall be regarded as rules of decision in civil actions in the
courts of the United States, in cases where they apply. Title 28 U.S.C.
§1652.
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Swift problems
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In diversity cases federal courts must apply the law that
would be applied by the courts of the state in which they sit.
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-Swift, failed to achieve its goal of leading to a uniform common
law throughout the nation.
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-In diversity cases federal courts must apply the law that would
be applied by the courts of the state in which they sit.
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$³Supreme Law of the land´ U.S. Const. Article VI, par. 2
$³Supreme Law of the land´ if valid
,Hanna
-Congress has the constitutional authority to enact statutes
governing procedure in the federal courts if: Ò
p
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9
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$Federal Rule of Civil Procedure applies if valid
1
$Apply state rule if difference could prove ³outcome-determinative´
I. Funnel of Jurisdiction
A. Subject-Matter Jurisdiction
1. Federal Question 28 USC 1331
2. Diversity 28 USC 1332
B. Personal
II. Overview of the Civil Process
III. The Values of Process