Read the attached articles and prepare typed answers for the questions.

https://www.beneschlaw.com/images/content/3/6/v2/36887/Understanding%20Johnson%20v.pdf

https://www.nytimes.com/2022/05/15/sports/ncaa-athletes-lawsuit.html?login=ml&auth=login-ml

https://www.villanovalawreview.com/post/1476-third-circuit-to-review-game-changing-play-in-johnson-v-ncaa

By now most of you have heard of the Alston case which was decided by the United States Supreme Court in April 2022. While Alston is often credited with permitting college athletes to earn compensation for the use of their NIL, in fact Alston had nothing to do with NIL and was not the first case to seriously challenge the NCAA rules that restrain athlete compensation. Alston was preceded by the OBannon case in which the 9^th Circuit Court of Appeals upheld the decision of the California federal district court that NCAA restrictions on athletes receiving the full cost of attendance stipends violated federal antitrust laws.

Both Alston and OBannon were filed in the Northern District of California (federal trial court). The NCAA lost in the district court and appealed to the 9^th Circuit Court of Appeals. The OBannon case was appealed to the U.S. Supreme Court, but the Supreme Court refused to accept certiorari and hear that appeal. However, in Alston the U.S. Supreme Court granted certiorari to hear the appeal from the 9^th Circuit. Alston and OBannon also both asserted claims under federal antitrust law, known as the Sherman Act.

Now a third case is pending called Johnson v. NCAA. These three cases give us a chance to explore how the United States court system works, specifically the federal court system.

Please answer the following questions. Remember, this weekly assignment is about the legal system, not any specific area of the law or legal analysis just yet, so do not get bogged down in the complexities of this case just yet, just focus on the legal system for now.

Identify the court in which Johnson filed his initial case and explain why this is the appropriate court in which to initiate a federal lawsuit?

What federal law is the basis of Johnsons lawsuit? When a plaintiff asserts claims under federal law, what type of jurisdiction is said to exist?

What Circuit Court of Appeals has/will hear appeals related to the Johnson case?

Why are the previous cases of Berger v. NCAA and Dawson v. NCAA important as to whether the U.S. Supreme Court might be inclined to eventually hear an appeal in the Johnson case? (Explain the concept of a conflict in the circuits).

The NCAA filed a Motion to Dismiss Johnsons complaint, and the court denied that Motion. What is the legal effect of a Motion to Dismiss being denied? And, why in this case is it legally significant that Johnsons complaint survived the NCAAs Motion to Dismiss?

The NCAA disagreed with the courts denial of its Motion to Dismiss and has filed an __________ (this type of) appeal to the _______________ circuit court of appeals?