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CONCEPTUAL FRAMEWORK Choosing a Trial Court

CONCEPTUAL FRAMEWORK Choosing a Trial Court. CONCEPTUAL FRAMEWORK Federal Court SMJ. SKILLS: READING CASES Basic Case Reading. Louisville & Nashville RR. v. Mottley, p. 229 Substantive Claim Plaintiff? Explain the caption “Specific performance”.

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CONCEPTUAL FRAMEWORK Choosing a Trial Court

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  1. CONCEPTUAL FRAMEWORK Choosing a Trial Court

  2. CONCEPTUAL FRAMEWORK Federal Court SMJ

  3. SKILLS: READING CASESBasic Case Reading • Louisville & Nashville RR. v. Mottley, p. 229 • Substantive Claim • Plaintiff? • Explain the caption • “Specific performance”

  4. SKILLS: READING CASESBasic Case Reading • Procedural posture • What happened below? • Who raised the smj issue? • ?!?!?!

  5. SKILLS: READING STATUTES Method • 28 U.S.C. § 1331 • The district courts • shall have original jurisdiction • of all civil actions • arising under • the Constitution, • laws, or • treaties • of the United States

  6. SKILLS: READING STATUTESAmbiguity • What ambiguities? • “arising under”

  7. SKILLS: READING STATUTESProtocols • Louisville & Nashville RR v. Mottley • What protocols does court use to resolve the ambiguity?

  8. SKILLS: READING CASESRule Choice • Mottley court • What does “arising under” mean? • What’s an alternative to the rule adopted in Mottley?

  9. BLACK LETTER LAW: “Well-pleaded complaint rule” • Key doctrinal point • Mottley • Significant, controlling issue of federal law • Not enough to create fed question jurisdiction • Federal issue must be part of “claim”

  10. SKILLS: Connecting Substance and Procedure • Key practice point • Can’t know whether have federal question smj • Unless know what means to state a claim

  11. SKILLS: Connecting Substance and Procedure • 1st Year Courses • Tort, Contracts, Property • Teach elements of claim • Duty (tort) or Formation (contract) • Breach • Causation • Damages

  12. SKILLS: Arguing “Policy” • Policy • Defend rule of Mottley • “well-pleaded complaint” rule • What would world look like if adopt alternative?

  13. BLACK LETTER LAWChallenging SMJ • Summary • Motion to dismiss 12(b)(1) • Objection never waived: 12(b)(h)(3) • Court can raise “sua sponte” • Either party can raise • Even on appeal

  14. BLACK LETTER LAWChallenging SMJ • Relationship between • smj & • stating a claim • Jurisdiction to decide jurisdiction

  15. TAKEAWAYSSkills • Conceptual Frameworks • Federal court subject matter jurisdiction • Statute Reading • MAP • Case Briefing • Rule Choice

  16. TAKEAWAYSBlack Letter Law • Black Letter Law • “Well-pleaded complaint” rule • Federal questions • Part of pl’s claim • Not anticipate defence • Objecting to federal court smj • SMJ never waived

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