Court Decisions Filed opinions 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. feat justice Federal Courts Circuit Court of the United States Jurisdiction - Original jurisdiction Over cases arising under the constitution and laws of the 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 Through withdrawal of "Federal questions" from the juris- In order to nullify de facto power of state courts to abridge Suggested amendment of Judiciary Act of 1789, Sec. 25 (now R. S. sec. 709) 127 Quaere, whether R. S. sec. 709 needs to be amended to meet requirements of the 14th amendment. Jurisdiction - Appellate jurisdiction Over state courts — In the Claim of a federal right to enforce in one state the death statute Duty of supreme court to make independent examination in the 115 128 102-112 5, 10, 26, 48 Jurisdiction - Appellate jurisdiction - Over state courts Juris- Jurisdiction to review state decisions under the Federal Safety Jurisdiction - Appellate jurisdiction - Over state courts-Regula- 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 Courts - Federal Courts - Supreme Court of the United States - Continued Under existing congressional legislation. Jurisdiction Pages 127-128 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 In all cases In general 5-37 5, 10, 26, 48 Power of the Supreme court of the United States to decide for Unreviewable wrong, or doubtful state decisions of questions of Federal constitutional law The Supreme Court of the United States and unreviewable Doubtful state decisions of questions of federal constitutional 113-116 Quaere, as to amendment of R. S. 709 To empower the federal Supreme Court to review doubtful 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 The property and equality clauses of the 14th amendment 106-107 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 Never regarded as binding on Federal courts 47 Enforcement of state law Supreme court of the United States and the enforcement of state Courts Relation of Federal and State Courts Under the Con- Federal judgments and decrees What law governs effect as to privies of a federal equity decree Jurisdiction of courts -Appellate jurisdiction of United States Su- 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 Power to stop a second suit in one court when prior suit for same Pages 128-140 113-116 117-119 142-149, 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 148-149, 207 Right of litigants in state courts in cases arising under local state law A political right, as distinguished from a right justiciable by the State injunctions to stop suits in federal courts In general Supremacy of federal judge-made state law As against state judge-made state law 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 Under federal constitution, Art. VI. 53, 55, 60, 61 . Under judiciary Act of 1789, sec. 34 (now R. S. sec. 721) 60, 61, 116 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 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 State decisions against validity of state acts regulating ments In favor of titles, rights, privileges or immunities specially In favor of federal acts drawn into question as being repug- Pages 120 125-127, 156 38-53, 60-62, 116 Decisions of state courts in equity cases never regarded as binding on Enforcement of state law In general 47 The Supreme Court of the United States and the enforcement of 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 Jurisdiction of state court to grant interstate divorce under doc- 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 Federal right to have the local state law concerning jury trial in crimi- 76, 89, 101 See generally TRIAL BY JURY- Jury trial in criminal cases. Claim of a federal right to enforce in one state the death statute of another 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- 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 102, 975 908-929 908-929 Deceit, in hiring people in one state with a view to work in another 721-726 Deeds, equity jurisdiction to correct mistakes in a voluntary deed. . 852-853 Necessity of getting deed direct from the defendant personally 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 The idea of the supremacy of law and triumphant parliamentary The supremacy of Law The supremacy of law and the supremacy of the people as con- The supreme power of the people "The state subordinate to the people and everything else sub- Demurrers 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, Dicey, on conflict of laws 315 191, 194, 205, 969 Of state judgments and decrees 192, 195, 197, 244–245 |