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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 ...
In the case of potential harms, the policy offered by the affirmative functions as a preventive measure or "sure deterrence". As is so often the case in academic debate, the bigger the harms, the bigger the impacts. For example, many teams enjoy running the nuclear outfall Harms plank, drawing mushroom clouds on their debate round flowsheets.
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 ...
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.
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 ...
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 .
In Canadian law, a reference question or reference case (formally called abstract review) [1] is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
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 ...