Question: Fact Pattern for Questions FP 1 - FP4 Beatrice (a resident of Oklahoma) is hired to teach classes online as professor of economics at the

Fact Pattern for Questions FP 1 - FP4

Beatrice (a resident of Oklahoma) is hired to teach classes online as professor of economics at the University of Texas (a public university).One month into the semester she publishes an article in the Austin Chronicle (a local Texas newspaper) criticizing the use of tariffs as part of U.S. trade strategy.The University's president (a fan of tariffs) tells Beatrice that she may not publish any future articles without his express consent.

Beatrice believes the school's president is infringing upon her First Amendment rights and decides to file suit against the University.While she can't put a dollar figure on her losses, Beatrice reasons that her liberty is priceless and just wants the court to issue an injunction.

Question FP 1: Beatrice would like to file her claim in a Texas state court.Does the state court have jurisdiction over the subject matter of her claim?

Yes, because state courts may rule on federal claims unless they are subject to exclusive jurisdiction of the federal court.

Yes, but only through diversity of citizenship of the parties.

No, because state courts are never allowed to rule on federal claims.

No, because state courts may not rule on constitutional claims.

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related General Management Questions!