This chart explains Shaffer‘s treatment of in rem/quasi-in-rem jurisdiction by recasting Justice Marshall’s decision in light of the three-part specific jurisdiction analysis we have discussed in class. IR and QIR I QIR IIA QIR IIB Relationship between property and suit Property subject of the suit Property related to suit Property unrelated to suit Shaffer says “Unusual” […]
The Two-Step Method to analyzing federal question jurisdiction. This handout embodies an approach to learning federal question subject matter jurisdiction (“FQ SMJ”) that I’ve used for many years and which I’ve recently used in a CALI lesson entitled Mastering Federal Question Jurisdiction in Two Steps. I suggest you use this handout, and then do the CALI lesson. […]
Students understand the “good faith” part of the SPM test. But they get confused about the “legal certainty” part of the analysis. WHICH IS IT? Certainty of satisfying AIC? Certainty of not satisfying AIC? It’s the latter. See St. Paul Mercury: The rule governing dismissal for want of jurisdiction in cases brought in the federal court is that, unless the […]
Firm: You definitively state how things resolve. This is good so long as analysis supports it. Alternative: You give alternative conclusions depending on which path the court takes. This is also good so long as analysis supports it. Tentative: You give a conclusion and believe your conclusion is correct but have doubts. This might be […]
