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Freer and Redish's Black Letter Outline on Federal Courts, 3d

By Richard D. Freer, Martin H. Redish

ISBN-13: 9780314067715

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Series: Black Letter Outline

Brand: West Law School

Pages: 444

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

A tool for the law student or practitioner who wishes to gain a comprehensive understanding of the basic principles of federal jurisdiction and issues of law that arise in determining whether a case is properly in the federal court. This updated edition will assist in sorting the various rules and constitutional interpretations that serve as guidelines for getting a particular case in the proper forum.

Features

Glossary of important terms
Includes numerous examples, short questions and answers, and a practice examination
Table of cases
Text correlation chart cross-referenced to the leading casebooks on federal jurisdiction

Summary Of Contents

Capsule Summary
Perspective
Part One: Federal Courts and Political Branches of the Federal Government
1. Problems of Judicial Review
  1. Introduction
  2. The Institution of Judicial Review
  3. Federal Courts Cannot Issue Advisory Opinions
  4. Standing
  5. Ripeness
  6. Mootness
  7. Political Question Doctrine
2. Congressional Power to Regulate Federal Jurisdiction
  1. Introduction
  2. Distinction Between Congressional Power Over the Jurisdiction of the Supreme Court and of the Lower Federal Courts
  3. Congressional Power to Regulate Lower Federal Court Jurisdiction
  4. Congressional Power to Regulate Supreme Court Original Jurisdiction
  5. Congressional Power to Regulate Supreme Court Appellate Jurisdiction
  6. Limitations on Congressional Power Deriving From Other Constitutional Provisions
  7. Congressional Power to Vest Article III Courts With Non–Article III Powers
3. Legislative Courts
  1. Introduction
  2. Article III Courts and Legislative Courts
  3. Constitutional Limits on Congressional Power to Vest Article I Courts With Authority to Decide Article III Matters
  4. Adjudication by “Adjuncts” to Article III Courts
Part Two: The Structure of Federal Court Jurisdiction
1. Federal Question Jurisdiction
  1. Introduction
  2. Constitutional and Policy Bases for Federal Question Jurisdiction
  3. The Statutory Grant of Federal Question Jurisdiction
2. Diversity of Citizenship and Alienage Jurisdiction
  1. Introduction
  2. Constitutional, Statutory, and Policy Bases for Diversity of Citizenship and Alienage Jurisdiction
  3. Determining Whether the Case Involves Appropriate Litigants
  4. Determining Whether the Amount in Controversy Requirement is Satisfied
  5. Exceptions to Diversity of Citizenship and Alienage Jurisdiction
3. Supplemental Jurisdiction
  1. Introduction
  2. Policy Issues
  3. Historical Development of Supplemental Jurisdiction
  4. The Supplemental Jurisdiction Statute
4. Removal Jurisdiction
  1. Introduction
  2. General Principles of Removal Jurisdiction
  3. Grants of Removal Jurisdiction
  4. Procedures for Removal and Remand
5. Supreme Court Jurisdiction
  1. Introduction
  2. Constitutional and Statutory Structure
  3. Original Jurisdiction of the Supreme Court
  4. Appellate Jurisdiction of the Supreme Court
Part Three: Federal Courts, Federalism and the States
1. State Courts and Federal Power
  1. Introduction
  2. The Role of the State Courts in the Federal System
  3. State Court Power to Adjudicate Federal Matters
  4. State Court Obligation to Adjudicate Federal Claims
  5. State Court Power to Control Federal Officers
2. State Sovereign Immunity and the Eleventh Amendment
  1. Introduction
  2. Background and History of the Eleventh Amendment
  3. Interpretation of the Eleventh Amendment
  4. Avoiding the Bar of the Eleventh Amendment: The Ex Parte Young Doctrine
  5. Avoiding the Bar of the Eleventh Amendment: Waiver by the State
  6. Avoiding the Bar of the Eleventh Amendment: Congressional Abrogation
3. Abstention
  1. Introduction
  2. Sources of the Abstention Doctrines
  3. Pullman Abstention
  4. Burford Abstention
  5. Thibodaux Abstention
  6. Colorado River Abstention
  7. Procedural Aspects of Abstention
4. The Anti-Injunction Statute
  1. Introduction
  2. The Statute and Background
  3. The Scope of the Statutory Exceptions
  4. Other Statutory Restrictions on Federal Injunctions Against State Activities
  5. Injunctions of Federal Judicial Proceedings
5. "Our Federalism": The Doctrine of Younger v. Harris
  1. Introduction
  2. Background
  3. Historical Development
  4. The Timing of Federal Intervention
  5. Applicability of Younger to Civil Proceedings
  6. Applicability of Younger to Non–Judicial State Action
6. Actions to Vindicate Federal Civil Rights
  1. Introduction
  2. Principal Civil Rights Statutes
  3. Litigation Under § 1983
  4. Immunity From § 1983 Cases
  5. Deprivations Under Color of Federal Law: Bivens Claims
  6. Civil Rights Removal Jurisdiction
7. Habeas Corpus
  1. Introduction
  2. Background, Origins of the Writ, and Overview of Current Statutory Provisions
  3. Habeas Corpus for State Prisoners
  4. "Abortive State Proceedings”—The Problem of Independent and Adequate State Grounds
  5. Habeas Corpus for Persons in the Custody of the United States
8. Federal Common Law
  1. Introduction
  2. Sources of and Justification for Federal Common Law
  3. Application of Federal Common Law in Specific Areas
9. Claim and Issue Preclusion in the Federal System
  1. Introduction
  2. Full Faith and Credit and Related Common Law Doctrines
Appendices
1. Answers to Review Questions
2. Model Examination
3. Glossary
4. Text Correlation Chart
5. Table of Cases
6. Index