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Court Decisions

Filed opinions
A filed opinion made a part of the record by statute
Unalterable in material particulars after filing and publication, in
the absence of fraud or imposition practiced on the court

Courts

Jurisdiction of courts

Courts

Derived from rules of law

Peculiar to the country in which the court sits

Common to all civilized countries, or international law.
Recognition of judicial action by courts of a foreign nation
Inherent jurisdiction to prevent the use of their process to de-

feat justice

Federal Courts

Circuit Court of the United States

Jurisdiction - Original jurisdiction

Over cases arising under the constitution and laws of the

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United States

Pages

685

685

158

158

158

108

223

39, 251, 888

Supreme Court of the United States

As the ultimate judicial expounder of the constitution and laws of the

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Through withdrawal of "Federal questions" from the juris-
diction of state courts

In order to nullify de facto power of state courts to abridge
reserved powers of the state

Suggested amendment of Judiciary Act of 1789, Sec. 25

(now R. S. sec. 709)

127
115, 119-127, 128, 156

Quaere, whether R. S. sec. 709 needs to be amended to

meet requirements of the 14th amendment.
Quaere, whether jurisdiction can be made adequate to reach
state decisions, shifting from basis of prohibition of
federal constitution to a like prohibition of the state
constitution

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Jurisdiction - Appellate jurisdiction Over state courts — In the
enforcement of state law

Claim of a federal right to enforce in one state the death statute
of another

Duty of supreme court to make independent examination in the
determination and application of state law

115

128

102-112

5, 10, 26, 48

Jurisdiction - Appellate jurisdiction - Over state courts Juris-
diction of federal supreme court to review state decisions
Jurisdiction to review state decision against right claimed under
the constitution and laws of the United States
Martin v. Hunter's Lessees

Jurisdiction to review state decisions under the Federal Safety
Appliance Act

Jurisdiction - Appellate jurisdiction - Over state courts-Regula-
tion of appellate jurisdiction

Under Judiciary Act of 1789, Sec. 25 (now R. S. sec. 709).

Quaere as to amendment.

121

121

117-119

115, 119-127, 128, 156
115, 119-127, 128, 156

Courts - Federal Courts - Supreme Court of the United States

- Continued

Under existing congressional legislation.
Limitation to "Federal questions"

Jurisdiction

Pages

127-128
7, 36, 59

Over state courts Under

Appellate jurisdiction

the full faith and credit clause

credit section and R. S. sec. 905

Duty imposed upon the supreme court by the full faith and

In the conflict of laws as between the states

Jurisdiction - Original jurisdiction

In controversies between citizens of different states

In controversies between a state and citizens of another state

In controversies between two or more states

.

in which a state shall be a party

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In all cases
The Supreme Court of the United States and the enforcement of state
law by the state courts

In general

5-37

5, 10, 26, 48

Power of the Supreme court of the United States to decide for
itself independently questions of state law
Appellate jurisdiction of supreme court of the United States, not
defeated by grounds upon which decision in state court is
rested

Unreviewable wrong, or doubtful state decisions of questions of Federal

constitutional law

The Supreme Court of the United States and unreviewable
wrong under R. S. 709

Doubtful state decisions of questions of federal constitutional

113-116

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Quaere, as to amendment of R. S. 709

To empower the federal Supreme Court to review doubtful
state decisions or questions of federal constitutional law

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Courts Relation of Federal and State Courts Under the Con-

stitution

As declarers or makers of law

As declarers or makers of judge-made state law

38-62

Claim of a federal right to enforce in one state the death statute of another

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The property and equality clauses of the 14th amendment 106-107

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Decisions of state courts not binding on federal courts as "laws"

Under judiciary act of 1789, sec. 34 (now R. S. sec. 721) 38-53, 60–62, 116
Decisions of state courts in equity cases

Never regarded as binding on Federal courts

47

Enforcement of state law

Supreme court of the United States and the enforcement of state

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Courts Relation of Federal and State Courts Under the Con-

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Federal judgments and decrees

What law governs effect as to privies of a federal equity decree
rendered in one state and exhibited in another state

Jurisdiction of courts

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-Appellate jurisdiction of United States Su-
preme Court not defeated by grounds upon which decision in State
court is rested

In general

Jurisdiction of federal Supreme Court to review state decisions

Under federal safety appliance act

Procedure by way of stay order as to prior and second suits in state and
federal courts

Power to stop a second suit in one court when prior suit for same
thing is pending in the other court.

Pages

128-140

113-116

117-119

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142-149, 207

Power of the court seised of the prior suit to stay the prior suit

until the second suit in the other court is determined

Relation of federal and state courts to local state law

Before the due process prohibition of the 14th amendment
Under the due process clause of 14th amendment

148-149, 207

Right of litigants in state courts in cases arising under local state law
to have free, fair, and impartial state tribunals

A political right, as distinguished from a right justiciable by the
federal courts

State injunctions to stop suits in federal courts

In general

Supremacy of federal judge-made state law

As against state judge-made state law

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Supreme Court of the United States, and the enforcement of state law by

Uniformity of judge-made state law in state and federal courts

state courts

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Under federal constitution, Art. VI.

53, 55, 60, 61
118, 121, 127, 144
55, 116, 118, 121

.

Under judiciary Act of 1789, sec. 34 (now R. S. sec. 721) 60, 61, 116
Under opinion of story in Swift v. Tysson
Unreviewable wrong or doubtful state decisions of questions of federal con-

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Courts State Courts

As declarers or makers of law

As declarers or makers of judge-made state law

De facto power of state courts to abridge reserved powers of the states
under R. S. sec. 709

Construed as forbidding the supreme court of the United States

to review state decisions:

Against the validity of state acts drawn in question as being
repugnant to the constitution and laws of the United
States

State decisions against validity of state acts regulating
working hours for women in certain employments
Governmental powers of the state acting through munic-
ipal legislative bodies to deal with local improve-

ments

In favor of titles, rights, privileges or immunities specially
set up and claimed under the constitution and laws of
the United States

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In favor of federal acts drawn into question as being repug-
nant to the constitution of the United States
Abridgment of powers of the states, if right of appeal to the
United States Supreme Court is cut off
Decisions of state courts not binding on federal courts as "laws"
Under Judiciary Act of 1789, Sec. 34 (now R. S. sec. 721)

Pages

120

125-127, 156

38-53, 60-62, 116

Decisions of state courts in equity cases never regarded as binding on
federal courts

Enforcement of state law

In general

47

The Supreme Court of the United States and the enforcement of
state law by state courts

5-37

In general

140-149

Federal injunctions to stop suits in state courts

Jurisdiction of courts

Rule of jurisdiction established and fixed between the states
by the federal constitution

Jurisdiction of state court to grant interstate divorce under doc-

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In general

140-149

Uniformity of judge-made state law in state and federal courts, Swift v.

Tyson

In general

38-62

Unreviewable wrong or doubtful state decisions of questions of federal

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Federal right to have the local state law concerning jury trial in crimi-
nal cases administered judicially and not arbitrarily

76, 89, 101

See generally TRIAL BY JURY- Jury trial in criminal cases.

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Claim of a federal right to enforce in one state the death statute of another
In general

Creation of enforceable obligation ex delicto

102-112, 975

In relation to the right to enforce death statute in another state

105, 107, 975

By removing bar to an action caused by the maxim “Actio per-
sonalis moritur cum personam"

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Death Statutes - Continued

Enforcement of death statute of another state

Test of jurisdiction of state court to enforce the death statute of

another state

Pages

Citizenship of the deceased

103, 975

Locality of the death

102, 975

Locality of the wrongful act

Debtor's statutory right to redeem from an execution sale

Debtor, debtor's common law right to avoid an execution sale of his
land

102, 975

908-929

908-929

Deceit, in hiring people in one state with a view to work in another
state where the wrong takes effect.

721-726

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Deeds, equity jurisdiction to correct mistakes in a voluntary deed. . 852-853
For foreign property

Necessity of getting deed direct from the defendant personally
on decree for conveyance of foreign property on account of
rule Aequitas agit in personam

Democratic State

A government of laws and not of men

812-813

In general

44, 508, 884

The effect of good laws in making a people democratic and great
centuries after the men who wrote the laws are dead
Views of Jefferson.

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The idea of the supremacy of law and triumphant parliamentary
democracy.

The supremacy of Law

The supremacy of law and the supremacy of the people as con-
vertible terms, the former being the lawyers' way and the
latter the popular way of saying the same thing
The traditional Anglo-American principle of the supremacy of
law; the conception or ideal that all law is a just and reason-
able expression of the will of the community

The supreme power of the people

"The state subordinate to the people and everything else sub-
ordinate to the State" (Wilson J. in Chisholm v. Georgia).
The supreme power of the people always has been a fixed legal
fact in the United States admitting of no discussion inside
the courts

Demurrers
To evidence

English common law demurrer to evidence

702

702

571

521

274, 290, 308-320

A demurrer upon evidence goes to the law upon the matter,
and not to the truth of the fact, but denies the opera-
tion of the law thereupon; a demurrer upon evidence
never denies the truth of the fact, but confesses the
fact and denies the law to be with the party who shows
the fact

Dicey, on conflict of laws
Dichotomy

315

191, 194, 205, 969

Of state judgments and decrees
Fallacy of doctrine that some state judgments and decrees are
entitled to enforcement in other states and some not so
entitled, on principles of comity as the dividing line

192, 195, 197, 244–245

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