Thursday, January 9, 2025

For Friday (Both Sections)

Thursday audio--Section A, Section B.

Clarification on the jurisdiction pairs: They are distinct pairs and every type of jurisdiction will have a piece of both: A court with original jurisdiction can have exclusive original jurisdiction (the only court to be the first to hear the case) or concurrent original jurisdiction (it has original jurisdiction or another court would have original jurisdiction). This all informs parties where they can file suit: Under § 1332, the district court has original jurisdiction and Morgan could (and did) file there. Because § 1332 does not say exclusive, another court also could exercise original jurisdiction (namely, a state court) and Morgan could have (but chose not to) file there.

We begin with §§ 2072-2074 (Rules Enabling Act of 1934). What is the process by which the Federal Rules of Civil Procedure are enacted? What is Congress' role? 

Then move to Introduction to Pleading; prep all assigned rules.

    • Review FRCP 2 and 3. What are the basic facts, law, and remedies sought in each case--be ready to give an elevator pitch (30 seconds) on each case.

    • The federal rules are said to be "trans-substantive." What does that mean? Is it a good idea?

    • A claim for relief is defined as "a set of facts showing a violation of one right of one party by one party justifying relief." What does that mean? Looking at the four assigned pleadings (VOANarutoMorganGodin), how many claims are in each?

    • How do the pleadings conform to the structure of FRCP 10?