Jurisdiction and Civil Procedure Quick Notes

Dual court system: federal and state courts exist side by side.
Federal structure: US Supreme Court (top), US district courts (trial courts; ~ $90$ nationwide; Florida has $3$ districts), US Courts of Appeals (11 circuits; DC Circuit; Federal Circuit handles patents/trademarks).
Appellate path: district court → US Court of Appeals → US Supreme Court (discretionary review).
State structure (example: Florida): trial courts (county court; circuit court), appellate courts, state supreme court; small claims and specialized courts exist.

Jurisdiction types:
- Subject matter jurisdiction: which court can hear a type of case (federal vs state; exclusive vs concurrent).
- Personal jurisdiction (in personam): over the defendant; can be obtained via service or long-arm statutes.
- In rem jurisdiction: over property located in the forum state.
“Long-arm” statutes: allow a state to exercise personal jurisdiction over non-residents who engage in certain activities within the state.
Forum and choice-of-law: contract clauses can dictate where suit is filed and which law applies.

Federal question jurisdiction: arises from federal law or US Constitution; can be filed in either state or federal court.
- If both federal and state issues exist, federal procedural law applies in federal court; state substantive law may apply for state-law issues.
Diversity of citizenship: can also allow filing in federal court when not a federal question.
- Requirements: complete diversity (all plaintiffs are from different states than all defendants) and amount in controversy > $75{,}000$ .
- If diversity exists, defendants can sometimes remove a case from state to federal court.
Amount in controversy threshold in diversity cases is $75{,}000$ (relevant for exam purposes).

Forum selection clause: directs where lawsuits must be filed (often a specific state/court).
Choice of law clause: determines which state's law governs the contract.
Practical effect: can simplify litigation and reduce cross-border complexity (e.g., Florida forum + Florida law for contracts with out-of-state parties).

In rem: sue over real property located in the forum; you may obtain a judgment related to the property even if the defendant is not present.
Personal jurisdiction (in personam): requires valid service and a basis (e.g., long-arm statute) to bring a non-resident defendants into the forum.

When federal question is involved: federal law governs the federal issue; state law may govern other issues.
When diversity of citizenship governs: federal court applies state substantive law (e.g., contract law of the forum state or chosen state) and federal procedural law.
Procedural law is generally federal in federal court; substantive law is state law for state issues.
If a case transfers between courts, the applicable law rules depend on the type of issue (procedural vs substantive) and on forum selection/choice-of-law provisions.

Appellate review typically involves three judges; most cases start at the appellate level after a trial court decision.
In Florida, appellate courts can issue a per curiam affirmance (PCA) with no written opinion; this can limit the opportunity for review unless the party seeks further review.
Prejudicial error: appellate courts overturn trial court decisions only if there was a significant error that would have changed the outcome.
Trial court follows applicable higher court precedents; federal courts follow US Supreme Court decisions; state courts follow state supreme court decisions, plus federal law where applicable.

Before filing, attempt to resolve disputes to avoid litigation; contracts should incentivize quick resolution where possible.
Choose forums and laws wisely in contracts to reduce uncertainty and travel costs.
Reading and understanding terms in contracts is crucial; forum and choice-of-law clauses can determine exposure and cost.
In business disputes, consider the leverage of bargaining power and potential impact on relationships when deciding whether to sue or seek alternative dispute resolution.

Amount in controversy for diversity: $75{,}000$ .
Small claims thresholds (varies by jurisdiction; example: Florida small claims up to $8{,}000$ ).
Number of federal circuits: $11$ (plus DC and Federal Circuit for patents; some categorization adds up to 12–13 in specific contexts).
Typical timelines: trial to appellate can span multiple years depending on complexity and caseload.

Federal exclusive jurisdiction: criminal, bankruptcy, antitrust, patent/trademark, US government suits.
Concurrent jurisdiction: federal question or diversity; eligibility for filing in either court; removal possible under certain conditions.
Diversity requirements: complete diversity + amount in controversy > $75{,}000$ .
Choice of forum vs. choice of law crucial in contracts; long-arm statutes enable service on out-of-state defendants.
Procedural vs. substantive law in federal vs. state courts; federal procedure generally follows federal rules; state procedure follows state rules; substantive law follows the applicable substantive rules (often state law for state issues).