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Federal Court Practice and Procedure
Federal courts apply procedural rules under the Federal Rules of Civil Procedure. The substantive law is the law of the State where the incident occurred. The federal courts MUST have subject matter jurisdiction.
Federal questions include federal statutes, a federal/ administrative regulation, or an international treaty, and violations of the Federal Criminal Code.
Diversity of citizenship
citizens of two different states
the complaint must meet the jurisdictional amount, which is NOT required in a federal question case, i.e., $50,000.00
Types of Jurisdictions
Jurisdiction over the Person
(in Personam)
Original Jurisdiction
Concurrent Jurisdiction (Diversity):
Joint jurisdiction with the state court, at the discretion of Congress, "When a case can be properly tried in either a federal or a state court." State court, based on state law involved; minimum contract; or in federal court, based on diversity of citizenship
Exclusive Jurisdiction
Exclusive Jurisdiction, or cases which can only be tried in a particular court or, if only a particular type of court can hear and determine a case, such as bankruptcy and cases having the United States as a party
Prudent Jurisdiction
Prudent Jurisdiction is where a case or problem has both a federal and a state claim
Appellate Jurisdiction
Appellate Jurisdiction goes beyond the trial stage
Subject Matter Jurisdiction:
Cases which the court may legitimately hear and decide, such as municipal court limit;superior court limit; subject matter, bankruptcy, criminal.
In Rem Jurisdiction Over Property
In Rem Jurisdiction Over Property of the defendant within the forum area or any assets of the defendant which can be attached or garnished within the court's jurisdiction
Over the person
Any person who resides within the jurisdictional area served by the court
The Long-Arm Statutes (public policy)
conducting business within the forum area
committing a tort within the forum area
insuring persons or property located within the forum
entering a contract that will be performed within the forum area
