CivilProcedureOutline-NewYorkUniversitySchoolofLaw.docVIP

PAGE  PAGE 27 I. JURISDICTION AND RELATED MATTERS Choice of a court (1st choice a lawyer has to make) is arguably one of the most important Attorney alleges jurisdiction, and the court confirms it Rule 8a1 Seven Questions to Determine Proper Jurisdiction Does the court have subject matter jurisdiction? (power to hear dispute) Does the court have personal jurisdiction? (power over person or property) Has the defendant been given proper notice and an opportunity to be heard? Has the defendant been served with process properly? Does the court have venue? If the action is in a state court, can it be removed to a federal court? Have any of the preceding six issues been waived? Subject matter jd can’t be waived; the others can, and if they aren’t asserted, they’re gone I. SUBJECT MATTER JURISDICTION State Courts Courts of general jurisdiction, empowered to hear all cases in law and equity Lacks v. Lacks: the assertion of insufficient residency, though an element of the claim, doesn’t affect the court’s competence to decide this claim State courts usually divided up by subject matter for the sake of efficiency and economy Federal Courts BASIC DOCTRINE: The party seeking to invoke the jurisdiction of a federal court has to make an affirmative showing that the case is within the court’s subject matter jd Federal courts are courts of limited jurisdiction, authorized to hear 9 categories of subject matter Constitution, Article III, §2 ? the judicial power of the US shall extend to all cases: Arising under the Constitution, laws of the US Between a state and citizens of another state Between citizens of different states Between a state, or citizens thereof, and foreign states, citizens, or subjects No matter when the deficiency of subject matter jd is noticed, the suit must be stopped and dismissed Rule 12h3 FEDERAL QUESTION JURISDICTION: Cause of action must arise under the Constitution, laws or treaties of the US Watch out for questions that invoke federal language, b