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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 ...
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.
In difficult cases, the federal courts must either guess as to how a court of that state would decide the issue or, if that state accepts certified questions from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue. [citation needed]
The Howard T. Markey National Courts Building in Washington, D.C., in which the Federal Circuit is located. The Federal Circuit is unique among the courts of appeals in that its jurisdiction is based wholly upon subject matter, not geographic location. The Federal Circuit is an appellate court with jurisdiction generally given in 28 U.S.C. § 1295.
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 ...
In the United States federal courts, the United States district courts are the general trial courts.The federal district courts have jurisdiction over federal questions (trials and cases interpreting the Constitution, Federal law, or which involve federal statutes or crimes) and diversity (cases otherwise subject to jurisdiction in a state trial court but which are between litigants of ...
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 ...