Federal Jurisdiction in Civil Cases: Understanding Venue, Pleading, Discovery, and Trial, Slides of Civil procedure

Download Federal Jurisdiction in Civil Cases: Understanding Venue, Pleading, Discovery, and Trial and more Slides Civil procedure in PDF only on Docsity! 5. VENUE • Even if there is personal jurisdiction, there is a further question: where within a state can a case be brought? • Congress has enacted federal venue legislation • There are also statutory venue rules for civil actions in state court Docsity.com 6. PLEADING • How do the parties frame their cases? A. Complaint B. Answer C. Counterclaim D. Third Party Claim (Impleader) E. Cross-Claim Docsity.com II. TRIAL 1. RULES FOR CONDUCT OF TRIAL 2. ADJUDICATION BEFORE THE END OF TRIAL 3. BURDEN OF PERSUASION Docsity.com III. POST-TRIAL 1. ENFORCEMENT OF JUDGMENT 2. POST-TRIAL MOTIONS AFFECTING JUDGMENT 3. APPEALS 4. BINDING EFFECT OF JUDGMENT Docsity.com Constitutional Basis for federal subject matter jurisdiction? Docsity.com GENERAL FEDERAL QUESTION STATUTE • Docsity.com GENERAL FEDERAL QUESTION STATUTE • 28 U.S.C. § 1331: “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States” Docsity.com HYPOTHETICAL • Jane is the inventor of a motorized spaghetti fork. The United States Patent and Trademark Office grants her a patent on her invention. Patents are governed exclusively by federal law. • Jane wants to sue Al for marketing a competing motorized spaghetti fork, claiming patent infringement under the federal Patent Act. • Jane and Al are both citizens of MD • Can Jane sue Al in federal court? Docsity.com