Constitutional Restrictions - Civil Procedure - Lecture Slides, Slides of Civil procedure

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constitutional restrictions on service

U.S. Const. Amendment V. No person shall... be deprived of life, liberty, or property, without due process of law...

Amendment XIV. Section 1.

... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Mullane v. Central Hanover Bank & Trust Co. (U.S. 1950)

“An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”

federal question (or “arising under”) jurisdiction

U.S. Const. Article III. Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority…

Louisville & Nashville RR Co. v. Mottley (US 1908)

P sues D for infringement of his patent Federal Question?

I am a beneficiary of a trust and sue the trustee because he has invested in illegal securities in violation of the trust

the securities are illegal because they are in violation of fed law

federal question?

What if the Mottley’s had brought a declaratory judgment action to determine whether the federal statute overrode their contract and if it did whether it was a taking in violation of the Fifth Amendment

You hit me in the face and I bring an action against you in federal court (using federal question jurisdiction as my source of subject matter jurisdiction) for a violation of federal securities laws.

Failure to state a claim or failure of subject matter jurisdiction?

Does it make a difference?

federal subject matter jurisdiction

diversity and alienage jurisdiction

P (NY) sues D1 (NY) and D2 (CA) under NY state law for damages in connection with a brawl in NY

Could Congress create a statute allowing for federal jurisdiction for this action?

Sec. 1332. - Diversity of citizenship; amount in controversy; costs (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 -