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Civ pro thru a suit - Coggle Diagram
Civ pro thru a suit
state or federal court?
Federal SUBJECT MATTER JURSIDICTION:
article 3 section 2 and congress statute
FQ RULE :
USC
1331
looking at Ps well pleaded complaint, did a federal statute create P's cause of action?
no
yes
holmes test
on the face of the original well pleaded complaint ARISES UNDER THE LAW THAT CAUSES THE ACTION: PATENT LAW STATUTES CONSTITUTION
WHAT IS A WELL PLEADE COMPLAINT?
DOESNT EXPECT FUTURE FEDERAL STATUTE AS DEFENSES
ORIGINAL CLAIMS OF DEFENDANT
ORIENTS US TO LOOK AT THE COMPLAINT FILED BY PLAINTIFF
Gunn v Minton test: patent and tx state law
SUBSTANTIALLYYYY
WITHOUT DISRUPTING STATE/FED BALANCE
FEDERAL ISSUE ACTUALLY DISPUTED
FEDERAL QUESTION NECESSARILY RAISED
DJ RULE
amount in controversey requirement
75,000 dollars + in good faith
aggregation rules
P1 & P2 cannot aggregate
D1& D2 cannot aggregate
P1 suing D1 individually should be more than 75000
factual basis/legal remedy limitations
Defianthal v CAB
petty controversy evidence of facts doesnt support amount in controversy
2 opposing legal theories of one P cannot be aggregated
ORIGINAL COMPLAINT
ST PAUL MERCURY RULE
unless it appears to a legal certainty that the claim is for less
DIVERSITY
COMPLETE DIVERSITY
CITIZENSHIP
domicile at time suit is filed
physical presence needed