CIVIL PROCEDURE CLASS 4SUBJECT MATTER JURISDICTION I – Federal Question Jurisdiction

Professor FischerColumbus School of LawThe Catholic University of AmericaSeptember 3 2003

U.S. Constitution - 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;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;between a state and citizens of another state; -- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

Art. III s. 2 Major Categories of Federal Subject Matter Jurisdiction we will study

Cases arising under Constitution/laws of U.S./treaties – FEDERAL QUESTIONCases between a state and citizens of a different state; or citizens of different states - DIVERSITYCases between a state/citizens of a state and foreign states/citizens/subjects – ALIENAGE

GENERAL FEDERAL QUESTION STATUTE

28 U.S.C. § 1331

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?

In 1970 Mr and Mrs Plaintiff entered into a contract with Jet Aqua Airlines to provide them with passes for free travel on the airline, renewable annually for their lifetimes. In 2002, Congress passed the No Free Airline Travel Act, prohibiting the airlines from providing free transportation to anyone. Mr and Mrs Plaintiff (who are not diverse from Jet Aqua) want to sue Jet Aqua in federal court. Advise Mr. and Mrs. Plaintiff on the issue of subject matter jurisdiction.

THE WORDS OF JUSTICE MOODY in Mottley (1908)

“A suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution. It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States.”

JUSTICE WILLIAM H. MOODY

Served 1906-1910Appointed by Theodore RooseveltFormer Secretary of the Navy, Attorney General, Member of the House of RepresentativesProsecuted Lizzie Borden

The Aftermath of Louisville & Nashville v. Mottley

Supreme Court reverses and remands with instructions to circuit court to dismiss for lack of jurisdiction. Action recommenced in a state courtAction eventually ends up in the U.S. Supreme CourtU.S. Supreme Court finally rules on the meritsThe Mottleys lose (see 219 U.S. 467 (1911)).

SUBJECT MATTER JURISDICTION AND FEDERALISM

Concurrent jurisdiction is frequent Do state courts also have a doctrine of subject matter jurisdiction? Choosing the proper court

WRAP UP

You should understand one major type of limited subject matter jurisdiction of a federal court: federal question jurisdictionYou should also know that despite the similarity of language between 28 U.S.C. s. 1331 and the Constitution Art. III s. 2, the Supreme Court has interpreted the reach of the statute much more narrowly than the constitutional scope of the arising under jurisdiction.