CONCEPTUAL FRAMEWORK
Choosing a Trial Court
Choosing a
Trial Court
(Federal or State Court)
Subject Matter
Jurisdiction
Personal (Territorial)
Jurisdiction
Venue
Venue Transfer
Forum non conveniens
CONCEPTUAL FRAMEWORK
Federal Court SMJ
Subject Matter
Jurisdiction
Federal
question
28 U.S.C.
§1331
Diversity
of
citizenship
28 U.S.C.
§1332
Supplem.
28 U.S.C.
§1367
Removal
28 U.S.C.
§1441
SKILLS: READING CASES
Basic Case Reading

Louisville & Nashville RR. v. Mottley,
p. 229
 Substantive Claim
Plaintiff?
 Explain the caption
 “Specific performance”

SKILLS: READING CASES
Basic Case Reading

Procedural posture
What happened below?
 Who raised the smj issue?
 ?!?!?!

SKILLS: READING STATUTES
Method


28 U.S.C. § 1331
The district courts



shall have original jurisdiction
of all civil actions
arising under




the Constitution,
laws, or
treaties
of the United States
SKILLS: READING STATUTES
Ambiguity

What ambiguities?

“arising under”
SKILLS: READING STATUTES
Protocols

Louisville & Nashville RR v. Mottley

What protocols does court use to resolve
the ambiguity?
SKILLS: READING CASES
Rule Choice

Mottley court


What does “arising under” mean?
What’s an alternative to the rule
adopted in Mottley?
BLACK LETTER LAW:
“Well-pleaded complaint rule”

Key doctrinal point

Mottley



Significant, controlling issue of federal law
Not enough to create fed question jurisdiction
Federal issue must be part of “claim”
SKILLS: Connecting Substance
and Procedure

Key practice point


Can’t know whether have federal question
smj
Unless know what means to state a claim
SKILLS: Connecting Substance
and Procedure

1st Year Courses


Tort, Contracts, Property
Teach elements of claim




Duty (tort)
Breach
Causation
Damages
or Formation (contract)
SKILLS:
Arguing “Policy”

Policy

Defend rule of Mottley


“well-pleaded complaint” rule
What would world look like if adopt
alternative?
BLACK LETTER LAW
Challenging SMJ


Summary

Motion to dismiss 12(b)(1)



Objection never waived: 12(b)(h)(3)
Court can raise “sua sponte”
Either party can raise

Even on appeal
BLACK LETTER LAW
Challenging SMJ

Relationship between

smj &
 stating a claim
Jurisdiction to decide jurisdiction

TAKEAWAYS
Skills

Conceptual Frameworks


Statute Reading


Federal court subject matter jurisdiction
MAP
Case Briefing

Rule Choice
TAKEAWAYS
Black Letter Law

Black Letter Law

“Well-pleaded complaint” rule




Federal questions
Part of pl’s claim
Not anticipate defence
Objecting to federal court smj

SMJ never waived