Outline of the Jurisdiction and Procedure of the Federal Courts

Capa
Callghan, 1917 - 406 páginas
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Índice

Classification of federal common law
16
Jurisdiction in equityIn general
17
Independence of federal equity jurisdiction
19
Criminal jurisdiction
20
International law
21
CHAPTER II
23
Power of the courts to declare statutes unconstitutional
25
Views of the constitutional convention on this subject
26
View of Alexander Hamilton
28
View of John Marshall
30
How the power has been exercised by the Supreme Court
31
CHAPTER III
34
Cases involving a federal question
35
Cases affecting ambassadors etc
36
Controversies between two or more states
44
Corporation chartered by the United States
51
Concurrent jurisdictionAdministration of federal law by state
57
Effect of changes in decisions of state courts
64
The federal judges
70
Appeals from the district courts
76
JurisdictionIn general
82
Appellate jurisdictionIn general
91
Writ of error to state courtsThe statute
97
Procedure
105
CHAPTER IX
107
The court of private land claims
112
Appeals 294
113
REMOVAL OF CAUSE Page 86 From one federal court to another
117
Text of statute providing for removal
119
What suits may be removedIn general
121
Enumeration of removable causes
122
Who may remove
125
Procedure for removal
126
Procedure after removal
129
Procedure in state court after removal
130
CHAPTER X
132
Criminal procedure
133
Procedure in admiralty
135
Procedure in bankruptcy
136
CHAPTER XI
137
General course of a suit in equity
139
The bill
141
Parties
143
Process
149
DefensesIn general
150
The answer
151
111 Plaintiffs course after answer filed
152
The trialEvidence 153 1
153
Continuances
155
Injunctions
156
Decree pro confesso
157
Enforcement of decree
158
THE FEDERAL REPORTS AND STATUTES
160
APPENDIX
167
Trials not discontinued by new term
173
CHAPTER II
180
Of crimes and offenses
181
Of suits under any law relating to the slave trade
182
Of suits for injuries on account of acts done under laws of the United States
183
Of suits to recover certain offices
184
Of suits against consuls and viceconsuls
185
Of suits for the unlawful inclosure of public lands
186
Of partition suits where United States is joint tenant
187
CHAPTER III
188
Removal of suits by aliens
196
Previous attachment bonds orders etc remain valid
197
Proceedings in suits removed
198
CHAPTER IV
200
Capital casesWhere triable
201
Capture of insurrectionary property where cognizable
202
Proceedings to enjoin comptroller of the currency
203
Suits in states containing more than one district
204
Suits of a local nature where to be brought
205
Absent defendants in suits to enforce liens remove clouds on titles etc
206
Civil causes may be transferred to another division of district by agreement
208
Creation of new district or transfer of territory not to divest lienHow lien to be enforced
209
Commissioners to administer oaths to appraisers
210
Jurisdiction of district courts in cases transferred from terri torial courts
211
Certain persons not to be masters or receivers
212
CHAPTER V
213
Arizona
216
California
218
Colorado
219
Massachusetts
233
Minnesota
235
Mississippi
236
Missouri
238
Montana
240
Nevada
242
North Carolina
244
North Dakota
246
Ohio
247
Oklahoma
249
Oregon
250
Rhode Island
252
South Dakota
253
107 Tennessee
254
Texas
256
Utah
260
Vermont
261
Washington
263
West Virginia
264
Wisconsin
265
Wyoming
266
CHAPTER VI
268
Circuit courts of appeals
269
Allotment of justice to the circuits
270
Justices allotted to circuits how designated
271
Deputy clerksAppointment and removal
272
127 Rooms for court how provided
274
Appellate and supervisory jurisdiction under the bankrupt act
275
Allowance of appeals etc
276
Appeals and writs of error from AlaskaWhere heard
277
CHAPTER VII
278
Appointment oath and salary of judges
279
Officers of the court
280
Reports to CongressCopies for departments etc
281
Setoffs
282
Judgments for setoffs of counterclaimsHow enforced
283
Procedure in cases transmitted by departments
284
Costs may be allowed prevailing party
285
Claims growing out of treaties not cognizable therein
286
Rules of practiceMay punish contempts
287
Petition dismissed when
288
Commissioners to take testimony
289
TestimonyWhere taken
290
WitnessesHow sworn
291
New trial on motion of claimant
292
Final judgments a bar
293
Appeals in Indian cases
294
Records filed in Customs Court to be at once placed on calendar
304
Officers of the courtClerk marshal etc Salaries etc
305
Jurisdiction of the court how invokedPractice and procedure
311
Number of justices
317
Additional reports and digestsLimitation upon costEsti
323
Writs of prohibition and mandamus
326
Appeals and writs of error from the Supreme Court of
332
Writs of ne exeat
340
Power to enforce awards of foreign consuls etc in certain
344
CHAPTER XIII
353
District court always open for certain purposesOrders
360
Amendments generally
366
Signature of counsel
367
Stockholders bill
368
DefensesHow presented
369
ReplyWhen requiredWhen cause at issue
370
Testing sufficiency of defense
371
Representatives of class
372
Suit to execute trusts of willHeir as party
373
Defect of partiesTardy objection
374
DepositionsTo be taken in exceptional instances
375
Evidence taken before examiners etc
376
Notice of taking testimony before examiner etc
377
Deposition deemed published when filed
378
DiscoveryInterrogatoriesInspection and production of documentsAdmission of execution and genuineness
379
Reference to masterExceptional not usual
380
Proceedings before master
381
Form of accounts before master
382
Return of masters reportExceptionsHearing
383
Petition for rehearing
384
Preliminary injunctions and temporary restraining orders
385
Record on appealReduction and preparation
386
Record on appealReduction and preparationCostsCon nection of omissions
387
Affirmation in lieu of oath
388
These rules effective February 1 1913Old rules abrogated
389
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Passagens conhecidas

Página 22 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Página 100 - 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...
Página 99 - States, and the decision is in favor of 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 immunity specially set up or claimed by either party under such constitution, treaty, statute, commission, or authority, — may be re-examined, and reversed or affirmed in tha supreme court upon a writ of...
Página 338 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Página 29 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Página 127 - States, he may make and file a petition in such suit in such state court at the time, or any time before the defendant is required by the laws of the State or the rule of the state court in which such suit is brought, to answer or plead to the declaration or complaint of the plaintiff...
Página 338 - Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it.
Página 22 - For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations; and, as evidence of these, to the works of jurists and commentators, who by years of labor, research and experience, have made themselves peculiarly well acquainted with the subjects of which they treat.
Página 29 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Página 188 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them...

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