Federal Civil Procedure Notesdocx美国联邦民事.docx

Federal Civil ProcedureFall 2009Professor Borkovic (filing in for Katancic)August 26, 2009Subject Matter JurisdictionDifference between a State Court and Federal CourtFederal Court has limited jurisdictionThere must be a distinct area that the Federal Court has the power to adjudicate§ 1331 – Claims arising under the laws of the Federal GovernmentTitle VII grants Federal jurisdiction to certain types of casesUnless a statute grants the court jurisdiction it is a nullityCourt will first look at jurisdictionDid the trial court have jurisdiction?Does the Appellate court have jurisdiction?Must plead juridistionDiversity of Citizenship§1332 – a DC has jurisdiction over citizens of different states where the amount in controversy is more than $75KArose to promote investment and commerce with the US in colonial timesCitizenship has specific meaningCorporations may have duel citizenship – state of incorporation and the state of its principal place of businessA federal court pulls its jury pool from its DistrictBroader cross section of peopleA judge in federal court does not want the caseErie v. Tomkins a federal judge hearing a state law claim must apply state law – Federal case a federal judge can make new lawLocal courts pulls its jury from its countyCases are not assigned to a specific judge as they are in federal courtState Court has general jurisdictionRules of Federal Civil ProcedureRule 4 You must file a complaintMust file a summons and serve the summonsOne page piece of paper that summons D to the court and bears the signature and seal of the courtState name of the court and the parties, directed to each D, name of P’s lawyer, tell the D when and where the D must appear to defend against the claim, notify the D that if he fails to appear a default judgment may be entered, sealed by the court, separate summons for each D and serve each DSummons must be served with the Complaint4(c)(2) – any one can serve a summons4(d) – waiving serviceeveryone has an obligation to a