Civ Pro - relationship between Rules and Statutes?

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waitlisted1
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Civ Pro - relationship between Rules and Statutes?

Postby waitlisted1 » Fri May 06, 2011 1:06 am

When do you know whether to use the rules and when to use the statutes? For instance with Class actions or Interpleader there are Rules (22 and 23, respectively) but also Statutes (eg, 1332)?

Geist13
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Re: Civ Pro - relationship between Rules and Statutes?

Postby Geist13 » Fri May 06, 2011 1:19 am

well different things are relevant in different circumstances. Often your analysis will have to address multiple different levels. So Subject matter jurisdiction needs to be both constitutional and proper under 1331/1332/1367. The joinder rules invoke all three levels since each claim needs to be constitutionally permissible, be within the scope of the court's statutory grant of subject matter jurisdiction and be proper according to the joinder rules. You don't pick which to analyze, you analyze all three.

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prezidentv8
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Re: Civ Pro - relationship between Rules and Statutes?

Postby prezidentv8 » Fri May 06, 2011 1:21 am

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vanwinkle
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Re: Civ Pro - relationship between Rules and Statutes?

Postby vanwinkle » Fri May 06, 2011 1:26 am

Geist13 wrote:well different things are relevant in different circumstances. Often your analysis will have to address multiple different levels. So Subject matter jurisdiction needs to be both constitutional and proper under 1331/1332/1367. The joinder rules invoke all three levels since each claim needs to be constitutionally permissible, be within the scope of the court's statutory grant of subject matter jurisdiction and be proper according to the joinder rules. You don't pick which to analyze, you analyze all three.

This. If there's joinder involved you'll need to explain whether or not the claim is within the federal rules, within the statute, and within the Constitution. You apply them all in that case. You need all of them to be proper for it to be a valid claim.




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