1. 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.

2. 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

3. Federal State

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

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

7. 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

8. 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

9. 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.)

10. 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

11. “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…

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

13. 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

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

15. 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.

16. 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?