Civ Pro 1
3.0(1)
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Last updated 12:07 AM on 12/11/22
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10 Terms
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Original Jurisdiction
Ct's power to hear a case before another court can hear the matter (ex: trial court)
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Exclusive Jurisdiction
A court that has the exclusive right to hear a case over any other level of court (ex: fed courts hearing copyright claims)
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Concurrent Jurisdiction
A case that can be heard in either state or federal court
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Sources of Law
1) Constitution, Article 3
2) Congressional Statutes
3) Case law interpretation of Constitution and statutory law
2) Congressional Statutes
3) Case law interpretation of Constitution and statutory law
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Ways to have Federal Subject Matter JDX
1) Federal Question JDX
2) Diversity JDX
3) Supplemental JDX
4) Removal
2) Diversity JDX
3) Supplemental JDX
4) Removal
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Federal question JDX can_____________
NOT be waived
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Title 28 US Code 1331
District courts shall have original JDX of all civil actions under the Constitution, laws, or treaties of the United States
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Courts can raise federal subject matter JDX ____________
Sua Sponte (on its own)
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Federal 12(b)(1) motion to dismiss
Case is dismissed for lack of subject matter jurisdiction
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