Civ Pro Subject Matter Jurisdiction Flashcards

28 U.S.C. S1331

Grants the federal district courts original jurisdiction over civil action arising under the constitution, federal statues and treaties of the United States. This statute allows federal courts to hear cases involving federal questions, providing a basis for federal jurisdiction.

Subject matter jurisdiction

Refers to the authority of a court to hear cases based on the subject matter, such as those involving federal questions or diversity of citizenship.

Louisville & Nashville Railroad Co. V. Mottley

A landmark case regarding federal question jurisdiction, establishing that a plaintiff's claim must arise under federal law for federal courts to have jurisdiction.

Well-pleaded case rule

A legal doctrine stating that a claim can only be heard in federal court if the plaintiff's well-pleaded complaint establishes a federal question on its face (prima facia), without reliance on any defenses or counterclaims.

Civil federal rules legal hierarchy

Civil federal rules sit just below statues. They are not, in themselves statutes.

28 U.S.C. S2072

Rules of procedure and evidence, power to perscribe

28 U.S.C. S2072(a)

Code that states the supreme court has the power to create the rules of federal civil procedure.

28 U.S.C. S2072(b)

Rules cannot infringe or alter existing rights. Additionally, if a law conflicts with a rule set forth by the supreme court, then those laws have no effect after a supreme court ruling.

Can supreme court ruling be overruled by congress?

No, supreme court rulings are unable to be overruled by anyone.

28 U.S.C. S2072(c)

Supreme court rules can determine if a case can be appealed.

28 U.S.C. S2073

Judicial conferences can make rules under S2072 and S2075. Failure to comply does not make a rule invalid.

28 U.S.C. S2074

The supreme court rules must be transmitted by May 1st and effective no later than Dec. 1st. Rules can apply to ongoing proceedings if the rule’s implementation would not cause injustice. No rule may create, alter, or remove evidentiary privileges without an act of congress.

28 U.S.C. S1

The supreme court shall consist of a chief justice and 8 associate justices.

28 U.S.C. S2

Terms of the court are outlined in this statute.

28 U.S.C. S3

If the chief justice is left unable to perform, then the duties of the chief justices shall be given to the next in precedence until the chief justice comes back or is replaced.

28 U.S.C. S4

Precedence = Seniority (who has been there the longest. If Seniority is equal, then precedence is decided according to age, with the eldest having precedence.

28 U.S.C. S41

13 Judicial circuits. Outlines where they are.

28 U.S.C. S42

A supreme court justice shall be allotted occasionally as circuit justices by order of the supreme court.

28 U.S.C. S43

Creation and composition of appeals courts. (a) all circuits shall have an appeals court, which is the court of record. (b) Each court of appeals shall consist of competent circuit justices.

28 U.S.C. S45

The chief justice shall be a senior circuit court justice that is (a) younger than 65 AND (b) has served for a year or more AND (c) has not previously been a chief justice.

28 U.S.C. S132

Creates a district court in each federal jurisdiction.

Civil Procedure Rule 1

Scope and Purpose: These are the rules that govern civil procedure, they ensure just, speedy, and inexpensive proceedings

Civil Procedure Rule 2

One form of action: There is one form of action — civil action

Civil Procedure Rule 3

Commencing an action: To commence an action, file a complaint in court.