From: stephen@sprunk.org

On 17-May-14 12:47, Adam H. Kerman wrote:
> Stephen Sprunk  wrote:
>> However, one can fairly easily _manufacture_ a federal controversy
>> to give federal courts jurisdiction; today this is generally done
>> via the 14th Amd, but prior to that diversity cases were common as
>> well.
>
> Sigh. Anybody can sue for anything, yes. Sometimes you have a judge
> that's sharp and on the ball who doesn't allow a case to proceed to
> trial for lack of "subject matter jurisdiction", if I'm using that
> term correctly. You've certainly heard of plaintiffs "jurisdiction
> shopping", attempting to get the case tried in different courts till
> they find a sympathetic judge.

I've never heard of a plaintiff trying this multiple times; generally,
they will find a specific court they want the case heard in, and come up
with a way to give that specific court jurisdiction to hear their case.

Note that this can be done by the defendants as well by counter-suing in
a different court that is superior to the one they were sued in and then
moving to have the cases merged, which happens in that superior court.

>> On 15-May-14 23:54, Adam H. Kerman wrote:
>>> With regard to the FEDERAL issue only; the trial court goes on to
>>> reconsider issues of state law with respect to the federal
>>> ruling. It's not like the trial moves to federal court.
>>
>> That's how _all_ appeals work, assuming the trial court was a court
>> of record, regardless of whether the trial/appellate courts are
>> state/state, state/federal or federal/federal.
>
> I have no idea what you're saying about "trial court as a court of
> record". Are you talking about REPORTED appellate decisions,

No, reporting is an entirely different matter.

Some courts are not "courts of record", which means that no record of
the proceedings is made, just the final ruling.  Since there is no trial
record for an appellate court to consider, a new trial must be held in
the appellate court.

For instance, my city's municipal courts are not courts of record.  If I
lost a case and appealed, a county trial court (which in this case acts
as an odd sort of appellate court) would hold a new trial on the record.
 If I appealed again, the county appeals court would only have to
consider what happened in that court of record; as far as they are
concerned, the municipal court trial never happened.

S

--
Stephen Sprunk         "God does not play dice."  --Albert Einstein
CCIE #3723         "God is an inveterate gambler, and He throws the
K5SSS        dice at every possible opportunity." --Stephen Hawking

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