1. CONCEPTUAL FRAMEWORK Choosing a Trial Court

2. CONCEPTUAL FRAMEWORK Federal Court SMJ

3. 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

4. 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

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

6. 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

7. 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