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

Etukansi
King Brothers, 1915 - 406 sivua
 

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Circuit Courts of Appeals 如 Sec 51 No Judge May in the Circuit Court of Appeals Hear an Appeal from Himself
46
The Fourth Circuit
47
Court of Customs Appeals
49
Commerce Court
50
CHAPTER III
52
District Courts Have Exclusive Jurisdiction to Enforce the Criminal Penal and Quasi Penal Legislation of the United States
53
Such Statute Must be Constitutional
54
Power of Congress to Punish Crimes Committed in Particular Localities
55
Offenses Against Federal Laws Can be Punished by the District Court Only
56
Whether a Crime is Committed Within State or Federal Jurisdiction is Sometimes a Difficult Question of Fact
57
Offenses on the High Seas
63
Removal Proceedings Before Indictment Found
70
The Trial
76
CHAPTER IV
86
Suits Against Consuls and ViceConsuls
89
The United States Cannot be Sued for a Tort
95
Federal Courts May Have Jurisdiction of Suits
100
What Does Of a Civil Nature Mean?
106
The Effect of the New Equity Rules Upon
112
When Controversy is Between Citizens of
113
In an Action Ex Contractu for Liquidated Dam
119
What Cases Raise a Federal Question?
125
Cases Arising Under a Treaty of the United
131
Jurisdiction for Enforcing Rights Under the Laws
134
A State is Not a Citizen
140
The Modern Doctrine
146
Municipal Corporations Treated as Citizens
149
Difference Between Necessary and Indispensable
155
CHAPTER IX
161
CHAPTER X
179
Do If Assignment Genuine Motive Immaterial
180
Does the Assignment Statute Have Any Rela
186
Do Suits Upon Novations Are Not
192
CHAPTER XI
202
Right of Removal of Cases Involving Separable
209
Removal Can be Had to the District Court
215
State Laws Prohibiting the Removal of Certain
219
Do Except When There is a Separable Contro
225
Federal Court May Enjoin Plaintiff from Proceed
231
Conformity to be Only as Near as May be
269
The Conformity Statute Yields to the Constitu and to Any Specific Federal Statute
270
Conformity Statute Does Not Control Mode of Proof in Federal Courts
271
State Statutes or Usages as to Continuances Are Not Binding on the Federal Courts
272
Federal and State Pleading Nearly Identical Federal and State Practice Similar
273
In Common Law States a General Issue Plea Does Not Traverse the Jurisdictional Aver ments
274
Speedy Judgment Acts
275
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
282
Pleas and Demurrers in Equity Are Abolished
283
Cross Bills Abolished CounterClaims in Answer Substituted
284
General Replication 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
Right to Review is Confined to Questions Which
328
How Claim of Right Must be Specifically Set Up
334
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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Sivu 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...
Sivu 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...
Sivu 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.
Sivu 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...
Sivu 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.
Sivu 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
Sivu 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.
Sivu 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...
Sivu 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...
Sivu 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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