1. Conflict of Laws
M1 – Class 4

2. About last week’s material…
Define the word “jurisdiction.”
Which cases can be heard by U.S. federal courts?
Under which circumstances can courts assert personal jurisdiction over someone?

3. Sentence completion 20/25 words minimum

4. Sentence completion (2)
Whereas patent cases as well as cases related to copyright, trademark, bankruptcy, treaties, maritime disputes, cases where the U.S. is a party, controversies between states or between states and the federal government will be heard only by federal courts, cases in which the parties come from a single state and where the amount in controversy is below $75,000 will be heard by state courts.
(64 words)
Link word: whereas
 contrast (different from)
 structure: whereas x, which + verb + complement, y + verb + complement.

5. Sentence completion (9)
Beside personal jurisdiction, which is the power of a court over the parties to a case, state and federal courts must have subject-matter jurisdiction – that is, the power to decide the law and facts of the case, in order to hear a case, which creates an important difference in the workload of those two types of courts, since the subject-matter jurisdiction of the federal courts is limited, while the jurisdiction of state courts, being residual, is almost unlimited.
(78 words)
Link word: beside
 in addition to / apart from
 structure: beside x, which + verb + complement, y + verb + complement

6. Sentence completion (10)
Unless the federal government expressly waives its immunity by consenting to actions in court and remedies in the statute that serves as legal foundation for the action the plaintiff wants to file, there can be no suit against it following the principle of sovereign immunity, which also applies to the state and tribal governments.
(54 words)
Link word: unless
 except on the condition that
 unless x, which + verb + complement, y + verb + complement

7. Sentence completion (15)
In order for a defendant to be able to claim in a federal court, their case must “arise under”, that is, involve an issue that is the exclusive jurisdiction of the federal courts, or be founded on the violation of a provision of the federal Constitution, a federal statute, treaty, or federal case law, or brought under diversity, which implies that they claim more than $75,000 and the defendants and plaintiffs are residents of different states.
(76 words)
Link word: in order for
 to make it possible for something / someone to do something
 in order for x to + verb + complement, y + verb + complement

8. Conflict of laws: Definitions
A situation in which state and federal laws or laws from different states can apply, but are contradictory.
Two clauses must be respected:
The Due Process Clause of the 5th and 14th Amendments
All levels of American (respectively, federal and state) government must operate within the law and provide fair procedures to all Americans:  no one shall be "deprived of life, liberty or property without due process of law."
The Full Faith and Credit Clause of Article IV
The judicial decisions of one state must be respected by other states.

9. Three possible issues
Characterization 1
Jurisdiction 2
Enforcement 3

10. Swift v. Tyson (1842)
Federal courts used to apply states’ statute laws (passed by state legislatures), but they were free to ignore states’ common law (judge- made).  creation of a federal common law  “forum shopping” between state courts and federal district courts within the same state to determine which would be more favorable to the plaintiff’s case.

11. Erie Railroad Co v. Tompkins (1938)
It overturned/overruled Swift v. Tyson.
States’ statute law and common law should be given equal force in the federal courts deciding state law.
 end of “forum shopping” since the decisions of state courts and federal district courts are now the same.

12. Concurrent jurisdiction
State courts must hear all cases of concurrent jurisdiction.
Exceptions must be based on a neutral rule of judicial administration written in the state’s Constitution or laws.
Federal judges can decide to hear a claim:
Certification of questions
Supplemental jurisdiction
Federal judges can refuse to hear a claim:
Forum non conveniens
Abstention doctrines
Removal and remand

13. Federal judges can decide to hear a claim
Certification of questions
When there is no controlling state law precedent:
Federal judges can decide the outcome of the case on their own
They can “certify” (ask) the question to the highest court of the state
Supplemental jurisdiction
If a lawsuit consists of several claims, and the federal court has valid jurisdiction over at least one of them, then it can hear all claims.

14. Federal judges can refuse to hear a claim
Forum non conveniens
A federal court can refuse a case if there is a more convenient forum (court). Eg: if all the evidence is in Montana, the NY court will refuse the case.
Abstention doctrines
In some cases, federal courts can defer to state courts, even if they have jurisdiction. Eg: case involving a state law question.
Removal and remand
The plaintiff decides the forum for the lawsuit, but the defendant can remove the case from a state court to a federal court if he thinks it will be favorable to him (no prejudice against out-of-state defendant, better federal procedural rules). Parties are often discouraged from doing so though, and the court can remand (return) the case to the original court.

15. Enforcement
The Full Faith and Credit Clause of Article IV = The judicial decisions of one state must be respected by other states.
Two options regarding the choice of law:
Lex fori = the law of the forum (procedural issues)
Lex loci = the law of the place of the event (substantive issues)
Eg: V.L. vs. E.L. (2016)
The Full Faith and Credit Clause of the Constitution requires the Alabama state courts to recognize a Georgia state court’s adoption order.

16. Case 1
Parties: the plaintiff: Mrs. Johnson; the defendant: Sure Walk Ltd.
Cause of action: alleged patent infringement
Court to have subject matter jurisdiction: The federal district court: federal question jurisdiction (patent law) + diversity (citizens from New Jersey and Washington). Amount in controversy superior to $75,000?

17. Case 2
Parties: the plaintiff: Goodspeed Ltd; the defendant: Car Parts Ltd
Cause of action: alleged breach of contract
Court to have subject-matter jurisdiction: the suit can be filed in a Delaware state court as both companies are incorporated in this state. It is not certain that the suit could be heard in a federal court: real diversity? Amount superior to $75,000?
Issue of personal jurisdiction: the plaintiff could file suit in its home state of Michigan on the basis of the defendant’s minimum contacts with the forum state.

18. Case 3
Parties: the plaintiff: Mrs. Heart; the defendants: Ms. Huckabee and Mr. Jones
Cause of action: injuries from car accident (compensation)
Court: The plaintiff could file suit in Pennsylvania, the state where the accident occurred, as all the parties’ presence in the state could be sufficient to establish the court’s personal jurisdiction over each of them (minimum contacts). Mr. Jones may consent to the jurisdiction of the forum state in which he is not resident (NY), but the NY court may be a forum non conveniens.

19. Case 4 Parties: the plaintiff: Ms. Sykes; the defendant: John Jones
Cause of action: alleged defamation
Court: It is possible that John Jones has no contacts with the state of California. Ms. Sykes could not file suit against him in California as there is no minimum contact (violation of the due process clause).
Exception established in Calder v. Jones = if a defendant deliberately and intentionally causes harm to a plaintiff residing in another state, the plaintiff can file suit against the defendant in her home state.

20. Homework Justiciability
Prepare case 2 ps
Read the lesson ps (not the part on the USSC discretion) and the glossary ps
Read the articles ps
Student presentations:
Exercise 1 ps
Exercise 2 ps