CONCEPTUAL FRAMEWORK Choosing a Trial Court

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Presentation transcript:

CONCEPTUAL FRAMEWORK Choosing a Trial Court

CONCEPTUAL FRAMEWORK Federal Court SMJ

SKILLS: READING STATUTES 28 U.S.C. § 1332(a)(1) The district courts shall have original jurisdiction of all civil actions where the amount in controversy exceeds the sum or value of $75,000 exclusive of costs and interests, and is between (1) citizens of different States

MAS v. PERRY, p. 229 RULE CHOICE What’s going on in an appellate case? Controversy What the law is How to interpret it How law applies to a given set of facts Court is making a choice

TAKEAWAYS Statute reading skills Method – slow down, break it apart Ambiguity – find the “weasel” words

TAKEAWAYS Statute reading skills Case reading skills Method – slow down, break it apart Ambiguity – find the “weasel” words Case reading skills Substantive claim Procedural posture Rule choice Black letter law

TAKEAWAYS Black letter law Citizenship Complete diversity requirement Determined as of time complaint filed U.S. citizen + Domiciliary of state Residence + intent to remain Effect of marriage on citizenship Complete diversity requirement All plaintiffs from different state than all defendants

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