Professor Keith Rizzardi Part 1 Slides Jurisdiction Civil Procedure Professor Keith Rizzardi Part 1 Slides Jurisdiction Why civil? Not criminal. Not appellate. Why procedure? Not substance. Not subject specific. Process for court. Sometimes call this class Civ Pro.

Professionalism The Guidelines for Professional Conduct “Law students must appreciate that practicing with professionalism is more than aspirational, it is expected in Florida.” Character Competence Commitment Civility

Federal State

There are administrative law judges too, through the Division of Administrative Hearings

Notice the many extra courts in purple… administrative courts… state supremes… Also special courts for veterans… tax… DC… military… int’l trade… claims

Subject matter jurisdiction State courts have very, very broad subject matter jurisdiction General jurisdiction over most types of disputes “Broad” or “concurrent” jurisdiction Why do states allow broad jurisdiction in state courts? Politicians granting broad rights and remedies to their own state constituents For exclusive, make students open book (if they have it– get sense of the problem) to p. 168, 28 USC 1338… Federal courts have limited subject matter jurisdiction Diversity jurisdiction Federal question jurisdiction Sometimes “exclusive” jurisdiction: 28 USC §1338

Civ Pro Sources Formal Secondary U.S. Constitution USC FRCP State Rules of Civil Procedure Local Rules Standing Orders Court opinions Rule Commentary (and opinion text) Wright & Miller, Federal Practice and Procedure Moore’s Federal Practice Law Reviews, articles, etc. Notice: some sources are federal, others are state! Federalism never stops

Federalism & Court Structure Florida courts Federal courts Florida Supreme Court Florida District Courts of Appeal Florida Judicial Circuits (Miami-Dade is 11th) Florida County Courts U.S. Supreme Court (SCOTUS) U.S. Courts of Appeals for the (11th) Circuit U.S. District Courts (N.D., M.D., & S.D Fla.)

Scope of diversity jurisdiction conferred by Congress 28 USC §1332 (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between— (1) citizens of different States … (2) citizens of a State and citizens or subjects of a foreign state … Possible scope of Art. III, Sec. 2 Scope of diversity jurisdiction conferred by Congress Why is the statute circle smaller than the constitution circle

“between citizens of different states” Minimal diversity Complete diversity Some plaintiffs are from different states than some defendants All plaintiffs are from different states than all defendants No shared states between plaintiffs and defendants. Note that same phrase, between citizens of different states, exists in constitution and statute. Where does “complete diversity” concept come from? Congress IN OTHER STATUTES specifically allowed minimal diversity… so court takes narrow approach… narrow access to federal court (complete diversity) unless Congress says broader access (minimal diversity) is ok… Note: some exceptions exist…

Citizenship = domicile + subjective intent Residence (sleeping) Drivers license Voting Insurance Current plans Future plans Indefinite intent enough

Other diversity concepts Huge presence ≠ corporate citizenship Incorporated? Nerve? Principal place? Partnerships = many states of citizenship Citizenship of individual members At the time of filing Parties move around Citizenship date fixed Perfecting diversity Court can drop a party to allow ongoing case to proceed after discovery of diversity concerns

How broad is Fed Q? jurisdiction? Broadest possible constitutional interpretation Narrower (Osborn) interpretation Congressionally granted (Mottley) interpretation Why

Federal Question Jurisdiction The Holmes Test Embedded Federal Questions A suit arises under the law that creates the cause of action Louis. & Nash. RR v. Mottley It is the duty of this Court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded. Federal issue must be: Necessarily raised Actually disputed Substantial Capable of being considered by federal forum without disturbing balance of state & federal courts Smith (1921) State law dispute seeking to enjoin corporate action, but raised substantial questions about Congress authority to allow bonds Grable (2005) embedded federal issue revisited, this time adequacy of notice to seize property for failure to pay federal taxes.

Motions to remand Flip side of removal 28 USC §1447 Plaintiff thinks case should not have been removed, now what? Motion filed in federal court to remand case back to state court (c) A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses… As we get ready for our closing thoughts, please read this and consider what it says. Explain this?