8/3/2019 Jurisdiction Outline

1/5

Subject Matter JurisdictionSmjx)

Article III Sect. 2

Objection can be raised atanytime while case is pending*

Power, capacity of a court to hear a particular case.

*every state has a court o General jx that will hear all cases, but most states have courtsof limited jx.*

All Federal courts are courts of limited jx only hear cases of diversity or raise a Federal question

P has the burden o proof to prove to the court Smjx.

Federal Question (1331) Situation under which a Federal Court can hear certain cases Constitution, statute, treaty

Diversity jx (1332)

based on the time it is filed*

Power of the Federal Courts to hear cases from citizens of different states and thedamages >$75,000.00.

Tompkins v. Erie RR*Federal Ct. Judge sitting in diversity chooses the substantive law of the state in whichthey sit and the procedural rules of the forum.If there is no state law on the case the Judge has to :

1. use best guess using secondary persuasive info ie. What would PA do? 2. Abstain3. Certification request to states Supreme Court.

Under 1332(c)(1) a business jx is where it is inc and the principle place of business.

Hypo: If you are domiciled in a foreign country you can only bring suit against a person in astate court where the person has the most connection under personal jx.

Partnership or incorporated group of people, you have to look at the citizenship of eachpartner you are suing.

If there is more than 1 D or more that one P, then no P can be a citizen of the samestate as D.

Federal Courts do not hear cases on family court, only state courts.

CUE WORDS or QUESTIONSNOTES Subject Matter Jurisdiction

8/3/2019 Jurisdiction Outline

2/5

Supplemental Jx (1367)(a) Grant of power(b) Cannot destroy djx by

bringing in another D(c) Right to refuse to hear a

case(d) Tolling, 30 day window

X

8/3/2019 Jurisdiction Outline

3/5

UMMARY

X

8/3/2019 Jurisdiction Outline

4/5

The Cornell Note-Taking System:

1. Use 8 1/2 by 11 paper to create note sheet. Down the left side, draw a vertical line 2 1/2 inch fromthe edge of the paper. End this line 2-inches above the bottom of the paper. Draw a horizontal lineacross the bottom of the paper, 2-inches above the paper's edge.

2. In the narrow (2 1/2") column on the left, you will write cue words or questions. In the wide (6")column on the right, you will write lecture notes.

3. In the space at the bottom of the sheet, you will summarize your notes.

There are two versions of the Cornell System:

First Version is the Six R Version:

* Step 1: Record

Step 2: Reduce

Step 3: Recite

Step 4: Reflect

Step 5: Review

* Step 6: Recapitulate

In the wide column, record as many facts and ideas. Use telegraphic sentences by leaving out unnecessarywords. Use the key words only. Grammar rules are ignored. Write down a streamlined version of thelecturer's key points.

Reread your notes and rethink the entire lecture. Reduce each fact and idea in your notes to key words andphrases. Column on the left write down cue words: the word or phrase that you extracted from the fact or idea.The key words or phrases will act as memory cues. Column on the left write down cue words.Cue Words: are key words or phrases written in the 2 1/2" column that act as cues to help you recall a full factor idea.

Cover up the wide column of your note sheet, exposing only the cue words or questions in the narrow column.Read each cue word or question out loud. Then, in your own words, the answers to questions, facts, or ideasindicated by the cue words.

Reflection is thinking about and applying the facts and ideas that you have learned. Reflect on the material byasking yourself questions, such as these: What is significance of these facts? What principles are they basedon? How can I apply them? How do they fit in with what I already know? What is beyond these facts andprinciples?

The best way to prepare for examinations is to keep reviewing and keep reciting the set of notes that you willbe held responsible for. Every evening, before you settle down to study, quickly review your notes. Pick up adesignated set of notes and recite them. Short, fast, frequent reviews will produce far better understandingand far better remembering than long, all-day or all-night sessions can.

Recapitulate is a sure fire way to gain a deep understanding of facts and ideas in your notes, and reviewingsummaries makes studying for exams a breeze. Take the time to summarize your notes, your understandingdeepens - you have the whole picture instead of an assortment of facts. Write your summary in the spacebelow the horizontal line at the bottom of the note sheet.Summarize according to one of these plans: 1. Summarize the content of each note sheet. 2. Summarize thecontent of the entire lecture on the last note sheet for that lecture. 3. Do both 1 and 2.The third option yields the greatest reward. When you review your notes for exams, you'll be able to see thestep you took to arrive at your final, lasting page summary.

8/3/2019 Jurisdiction Outline

5/5

Second Version is the one Q/Five R Version:

* Step 1: Record

Step 2: Question

Step 3: Recite

Step 4: Reflect

Step 5: Review

* Step 6: Recapitulate

* Notes made in class is Step 1 and the summary written during study time is Step 6 are placed in thewide column of the note sheet.

Which version is better? Give each one a try, and see which one works best for you.

In the wide column, record as many facts and ideas. Use telegraphic sentences by leaving out unnecessarywords. Use the key words only. Grammar rules are ignored. Write down a streamlined version of thelecturer's key points.

Reread your notes and rethink the entire lecture. Then formulate questions based on your notes. Column onthe left write down - opposite the fact or ideas in your notes - write a brief question that can be answered withthe information in your notes. Writing questions helps to clarify meanings, reveal relationships, establishcontinuity, and strengthen memory. It also sets the stage for studying for exams.

Cover up the wide column of your note sheet, exposing only the cue words or questions in the narrow column.Read each cue word or question out loud. Then, in your own words, the answers to questions, facts, or ideasindicated by the cue words. Cue Words: are key words or phrases written in the 2 1/2" column that act ascues to help you recall a full fact or idea.

Reflection is thinking about and applying the facts and ideas that you have learned. Reflect on the material byasking yourself questions, such as these: What is significance of these facts? What principles are they basedon? How can I apply them? How do they fit in with what I already know? What is beyond these facts andprinciples?

The best way to prepare for examinations is to keep reviewing and keep reciting the set of notes that you willbe held responsible for. Every evening, before you settle down to study, quickly review your notes. Pick up adesignated set of notes and recite them. Short, fast, frequent reviews will produce far better understandingand far better remembering than long, all-day or all-night sessions can.

Recapitulate is a sure fire way to gain a deep understanding of facts and ideas in your notes, and reviewingsummaries makes studying for exams a breeze. Take the time to summarize your notes, your understandingdeepens - you have the whole picture instead of an assortment of facts. Write your summary in the spacebelow the horizontal line at the bottom of the note sheet.Summarize according to one of these plans: 1. Summarize the content of each note sheet. 2. Summarize thecontent of the entire lecture on the last note sheet for that lecture. 3. Do both 1 and 2.The third option yields the greatest reward. When you review your notes for exams, you'll be able to see thestep you took to arrive at your final, lasting page summary.