An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts

Εξώφυλλο
King Brothers, 1915 - 406 σελίδες
 

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Περιεχόμενα

Qualification of Jurors
276
Court Determines the Law the Jury the Facts
277
CHAPTER XV
279
Federal Equity Procedure Uniform Throughout the Country
280
The New Equity Rules
281
Joinder of Separate Causes of Action Sec 425 Process Sec 426 Time in which to Answer
282
Pleas and Demurrers in Equity Are Abolished
283
Cross Bills Abolished CounterClaims in Answer Substituted Sec 431 What Affirmative Claims May Defendant in His Answer Make Against Plaintiff?
284
General Replication Abolished Sec 433 Exceptions to Answer Abolished
285
Equity Suit May be Turned Into a Suit at Law
286
Time Within Which Depositions Must be Filed
287
When Case Goes on Trial Calendar
288
Beginning Proceedings Before Special Master
289
Weight to be Given to Masters Report
290
Preliminary Injunctions
291
Hearings on Motions for Preliminary Injunction
292
CHAPTER XVI
294
Reasons Why Supreme Court Will Not in Some
301
Jurisdiction of the Circuit Court of Appeals
302
Cases in which the Validity or Construction
303
Same Party Cannot Take Two AppealsOne
308
Direct Appeals by Government in Criminal Cases
314
In What Cases the Decisions of the Circuit Courts
320
WRITS OF ERROR FROM SUPREME COURT TO STATE
326
Cases Where a State Court Decision is Against
332
Rule in Cases in which a Higher State Court
338
CHAPTER XX
341
Ways in which Review by Appellate Tribunal
348
Appeals
354
May Circuit Courts of Appeals Issue Writ of Cer
360
Certiorari Not Granted Unless Decision of Circuit
362
TABLE OF STATUTES
389
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Δημοφιλή αποσπάσματα

Σελίδα 36 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Σελίδα 333 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Σελίδα 104 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Σελίδα 66 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Σελίδα 66 - And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.
Σελίδα 53 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states,, or aliens, in which latter case it shall have original but
Σελίδα 299 - In the ordinary use of language it will hardly be contended that the decisions of courts constitute laws. They are at most only evidence of what the laws are ; and are not of themselves laws.
Σελίδα 16 - States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the supreme court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be...
Σελίδα 7 - And that either of the justices of the Supreme Court, as well as judges of the District Courts, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment...
Σελίδα 63 - Constitution was adopted, was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend 'to all cases of admiralty and maritime jurisdiction...

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