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Congress eliminated the requirement in actions against the United States in 1976 and in all federal question cases in 1980. Therefore, a federal court can hear a federal question case even if no money is sought by the plaintiff. To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the ...
Many of these terms have articles but should not, because they can never be more than dictionary definitions. Such articles that have already been made should be moved to Wiktionary. Do this with caution however. In many cases a 1037C article that appears to be purely a definition can be converted into a viable stub with only small changes in ...
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.. The United States is a federal republic, governed by the U.S. Constitution, containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction.
The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in ...
The typical case involving a certified question involves a Federal court, which because of diversity, supplemental, or removal jurisdiction is presented with a question of state law. In these situations, the Erie doctrine [ 8 ] requires the Federal court that acquires jurisdiction over cases governed in part by state law to apply the ...
Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action. Title 28 of the United States Code , sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.
A ruling of nonjusticiability, in the end, prevents the issue that brought the case before the court from being resolved in a court of law. In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the court is either so specific that the Constitution gives sole power to one of the political branches, or the issue ...
These legal glossary terms were compiled using the following sources: justice.gov, Merriam-Webster and Cornell Law School’s Legal Information Institute. Show comments Advertisement