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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 ...
If a case is originally filed in a state court, and the requirements for federal jurisdiction are met (diversity and amount in controversy, the case involves a federal question, or a supplemental jurisdiction exists), the defendant (and only the defendant) may remove the case to a federal court. A case cannot be removed to a state court. To ...
The Erie case involved a fundamental question of federalism and the jurisdiction of federal courts in the United States. In 1789, the Congress passed a law still in effect today called the Rules of Decision Act (28 U.S.C. § 1652), which states that the laws of a state furnish the rules of decision for a federal court sitting in that state.
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.
Pages in category "United States federal question jurisdiction case law" The following 9 pages are in this category, out of 9 total. This list may not reflect recent changes .
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.
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 ...
The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.