Law School Legal Outline Notes for Federal Courts III

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Law School Legal Outline Notes for Federal Courts III Powered By Docstoc


CONGRESSIONAL CONTROL OF FEDERAL COURTS Judicial Review (Marbury and Benefits and Limitations of Federal courts) Congress’ Power to Limit Federal Court Juris 1. Congress’ Power to Limit Supreme Court’s Juris 2. Congress’ Power to Limit Lower Federal Courts’ Juris Congress’ Power to Expand Federal Court Juris 3. Constitutional Meaning of Arising Under” in Art. III 4. Protective Jurisdiction Congress’ Power to Create Non-Art. III Courts 5. Art. I v. Art. III Courts 6. Categorical Approach (Northern Pipeline) 7. Functional Approach (Thomas/Schor) 8. Magistrate Judges State Law in Federal Court 1. Swift to Erie 2. Which states’ law governs? 3. Effect of Transfer of Venue Federal Law in State Court 4. Concurrent Jurisdiction Presumed – 3 Ways to Rebut 5. Three Valid Excuses When State Court Can Refuse to Hear Federal Claim 6. Two Situations When State Court MUST Hear Federal Claim B. Supreme Court Review of State Court Decisions 1. Constitutional Authority for Supreme Court to Review State Court Decisions 2. Doctrine of Independent and Adequate State Law Grounds


III. THE POWER OF FEDERAL COURTS TO CREATE FEDERAL LAW A. Federal Common Law 1. Presumption Against Creation of FCL & Analysis for When it Is Appropriate to Create FCL (US or private parties) 2. Implying Statutes of Limitations B. Implied Rights of Action to Enforce Federal Statutes 1. Three tests to Determine Whether to Create Implied Right of Action (Borak [broad], Cort [four-factor test] and Redington
and Sandoval [legislative intent test]

C. Rights of Action by U.S. D. Rights of Action to Enforce Constitutional Rights 1. Bivens Actions and Its Exceptions IV. SUBJECT MATTER JURISDICTION A. Federal Questions Jurisdiction 1. Well-Pleaded Complaint Rule 2. Does Federal or State Law Create the Cause of Action Under 1331? 3. Rules for Cases Under the Declaratory Judgment Act B. Diversity Jurisdiction 1. Complete Diversity Rule & Diversity Requirements for Third Party Ds 2. Meaning of Citizenship – “Domicile” for Individuals and Corporations C. Substance/Procedure Problem D. Finality and Appellate Review 1. Finality in Federal Courts (exceptions = collateral order, interlocutory, severable claims and mandamus) 2. Finality in State Courts (4 exceptions) V. ABSTENTION A. Colorado Abstention & Burford Abstention & Thibodaux Abstention & Pullman Abstention & Younger Abstention
(Criminal Content, Civil Context and Non-Judicial Context)

B. Anti-Injunction Act VI. STATE SOVERING IMMUNITY AND 11A A. 11A Analysis (scope and surrender) B. Exception – Waiver C. Exception – Abrogation (14A and Commerce Clause) D. Exception – Ex Parte Young (4 situations when Ex Parte Young does not apply)