Transcript mid-term review

Erie statutes
• 28 U.S.C. § 1652. State laws as rules of decision
• The laws of the several states, except where the Constitution or
treaties of the United States or Acts of Congress otherwise require
or provide, shall be regarded as rules of decision in civil actions in
the courts of the United States, in cases where they apply.
• 28 U.S.C. § 2072. Rules of procedure and evidence; power to
prescribe
• (a) The Supreme Court shall have the power to prescribe general
rules of practice and procedure and rules of evidence for cases in
the United States district courts (including proceedings before
magistrate judges thereof) and courts of appeals.
• (b) Such rules shall not abridge, enlarge or modify any substantive
right. All laws in conflict with such rules shall be of no further force or
effect after such rules have taken effect.
• (c) Such rules may define when a ruling of a district court is final for
the purposes of appeal under section 1291 of this title.
Layer 1
• Power_to_decide IF
– Personal_jurisdiction_over_defendant AND
– Notice AND
– Venue AND
– Subject_matter_jurisdiction
Layer_2
• Personal_jurisdiction IF
– Consent OR
– (state_assertion AND
constitutional_assertion)
• Notice IF
– Compliance_with_forum_service_rules AND
– Constitutional_notice
• Venue if satisfy forum venue statute
Layer 2 continued
• Subject_matter_jurisdiction IF
– Sovereign gives it through
• Constitution OR
• statute
Layer 3
• Consent IF
– File suit OR
– Explicitly consent OR
– Generally appear
Layer 3 continued
• Federal subject_matter_jurisdiction IF
– Federal question (§ 1331) OR
– Diversity AND jurisdictional amount (§ 1332)
OR
– Supplemental (§ 1367) OR
– Removal (§ 1441)
Layer 3 continued
• State_assertion IF
– (statute OR court_rule OR common_law_rule)
AND
– Facts satisfy it
• Constitutional_assertion IF
– Consent OR
– Traditional OR (Scalia in Burnham) OR
– (Minimum_contacts AND
fair_play_and_substantial_justice
Layer 3 continued
• Constitutional_notice IF
– Reasonably calculated to give actual notice
under the relevant circumstances
Layer 4
• Traditional IF
– Pure_in_rem OR
– Personal_service_on_one_physically_present
• Minimum_contacts IF
• (Specific AND purposeful AND relate) OR
• (General AND
systematic_and_continuous)
Layer 4 continued
•
Fair_play_and_substantial_justice IF
– Balance of
1.
2.
3.
4.
5.
Burden on dft
Forum state interested in dispute
Ptf’s ability to get practical relief
Efficient to parties and judicial system
Shared state interests