Civil Procedure Outline . Introduction: Once Around the Track . 1. An Initial Overview and a Little Bit of History • 2 distinguishing characteristics of US system o Adversary system Canada, UK and Australia. Different from Civil law systems Parties has control of the litigation Lawyers make the necessary investigation

“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” Practical rule that serves administrative convenience rather than intellectual elegance. i. A suit arises under the law that creates the cause of action.

Civil Procedure Outline Fall Semester 2017 Lewis & Clark Law School Professor Juliet Stumpf . Exam Answer Format: 1. The Facts 2. The Rules and/or Tests 3. Application 4. Counterargument 5. Conclusion

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States (28 U.S.C. § 1331) ¾ Article III, § 2 also includes cases affecting ambassadors, admiralty/maritime jurisdiction, and

a) ^The district courts shall have original jurisdiction of all civil actions arising under the onstitiution, laws, or treaties of the United States. _ b) Concurrent vs. Exclusive jurisdiction

There are 2 factors to be addressed here: The contact must result from purposeful availment: D’s voluntary act. D must reach out to the forum. Must direct activities to the forum in some way. Examples: trying to make money in the forum, using the roads there, causing some effect there. It must be foreseeable that D could get sued in this forum.