|
Certified Question
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another state or jurisdiction. If that other jurisdiction's law is unclear or uncertain, a certified question can then be sent to that jurisdiction's courts to render an opinion on the question of law that arose in the court in which the actual litigation is pending. The courts to whom these questions of law are certified are typically appellate courts or state supreme courts. History Historically, the procedure under which one court certifies a question to another, arises out of the distinction in the law of England between common law courts and equity courts. At one time, these two were separate and parallel legal systems, differing in procedure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pullman Abstention
An abstention doctrine is any of several doctrines that a United States court may (or in some cases must) apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuits involving the same issues are brought in two different court systems at the same time (such as federal and state courts). The United States has a federal court system with limitations on the cases that it can hear, while each state has its own individual court system. In some instances, the jurisdiction of these courts overlap, so a lawsuit between two parties may be brought in either or both courts. The latter circumstance can lead to confusion, waste resources, as well as cause the appearance that one court is disrespecting the other. Both federal and state courts have developed rules determining when one court will defer to another's jurisdiction over a particular case. Federal abstention doctrines The various absten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erie Doctrine
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 bankruptcy) must apply state substantive law. The doctrine follows from the Supreme Court landmark decision in ''Erie Railroad Co. v. Tompkins'' (1938). The case overturned '' Swift v. Tyson'', which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state in diversity actions. Scope There are two main objectives of the ''Erie'' decision: (1) to discourage forum shopping among litigants, and (2) to avoid inequitable administration of the laws. Broadly speaking, the second objective is sometimes referred to as "vertical uniformity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Removal Jurisdiction
In the United States, removal jurisdiction allows a defendant to move a civil action filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs removal. Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity of citizenship, removal jurisdiction does not exist if any properly joined and served defendant is a citizen of the state in which the action is pending. Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court within 30 days after receiving the complaint. The defendant must file a copy of the notice of r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplemental Jurisdiction
Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. is a codification of the Supreme Court's rulings on ancillary jurisdiction ('' Owen Equipment & Erection Co. v. Kroger'', ) and pendent jurisdiction ('' United Mine Workers of America v. Gibbs'', ) and a superseding of the Court's treatment of pendent party jurisdiction (''Finley v. United States'', ). Historically there was a distinction between pendent jurisdiction and ancillary jurisdiction. But, under the ruling in ''Exxon'', that distinction is no longer meaningful. Supplemental jurisdiction refers to the various ways a federal court may hear either: state law claims, claims from parties who lack the amount in controversy requirement of diversity jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversity Jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts, U.S. federal courts the power to hear lawsuits that do not involve a federal question jurisdiction, federal question. For a U.S. federal court to have diversity jurisdiction over a lawsuit, two conditions must be met. First, there must be "diversity of citizenship" between the parties, meaning the plaintiffs must be citizens of different U.S. states than the defendants. Second, the lawsuit's "amount in controversy" must be more than $75,000. If a lawsuit does not meet these two conditions, U.S. federal courts will normally lack the power to hear it unless it involves a federal question, and the lawsuit would need to be heard in state court instead. The United States Constitution, in Article III of the United States Constitution#Section 2: Judicial power, jurisdiction, and trial by jury, Article III, Section 2, grants United States Congress, Con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Carolina Supreme Court
The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied from time to time. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies. History The first North Carolina appellate court, created in 1799, was called the Court of Conference and consisted of several North Carolina Superior Court (trial) judges sitting ''en banc'' twice each year to review appeals from their courts. In 1805 it was named the Supreme Court, and a seal and motto were to be procured. From the time the North Carolina General Assembly created the Court as a distinct body in 1818 until 1868, the members of the Court were chosen by the Gene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated territories of the United States, unincorporated territory of the United States. It is located in the northeast Caribbean Sea, approximately southeast of Miami, Florida, between the Dominican Republic and the United States Virgin Islands, U.S. Virgin Islands, and includes the eponymous main island and several smaller islands, such as Isla de Mona, Mona, Culebra, Puerto Rico, Culebra, and Vieques, Puerto Rico, Vieques. It has roughly 3.2 million residents, and its Capital city, capital and Municipalities of Puerto Rico, most populous city is San Juan, Puerto Rico, San Juan. Spanish language, Spanish and English language, English are the official languages of the executive branch of government, though Spanish predominates. Puerto Rico ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean.Lin, Tom C.W.Americans, Almost and Forgotten 107 California Law Review (2019) The CNMI includes the 14 northernmost islands in the Mariana Archipelago; the southernmost island, Guam, is a separate U.S. territory. The United States Department of the Interior cites a landmass of . According to the 2020 United States Census, 47,329 people were living in the CNMI at that time. The vast majority of the population resides on Saipan, Tinian, and Rota. The other islands of the Northern Marianas are sparsely inhabited; the most notable among these is Pagan, which for various reasons over the centuries has experienced major population flux, but formerly had res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic center of the U.S.); its capital Hagåtña (144°45'00"E) lies further west than Melbourne, Australia (144°57'47"E). In Oceania, Guam is the largest and southernmost of the Mariana Islands and the largest island in Micronesia. Guam's capital is Hagåtña, and the most populous village is Dededo. People born on Guam are American citizens but have no vote in the United States presidential elections while residing on Guam and Guam delegates to the United States House of Representatives have no vote on the floor. Indigenous Guamanians are the Chamoru, historically known as the Chamorro, who are related to the Austronesian peoples of Indonesia, the Philippines, Malaysia, Taiwan, Micronesia, and Polynesia. As of 2022, Guam's population is 168, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Of Columbia
) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, National Cathedral , image_flag = Flag of the District of Columbia.svg , image_seal = Seal of the District of Columbia.svg , nickname = D.C., The District , image_map = , map_caption = Interactive map of Washington, D.C. , coordinates = , subdivision_type = Country , subdivision_name = , established_title = Residence Act , established_date = 1790 , named_for = George Washington, Christopher Columbus , established_title1 = Organized , established_date1 = 1801 , established_title2 = Consolidated , established_date2 = 1871 , established_title3 = Home Rule Act , ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism
Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), cantonal, territorial, or other sub-unit governments) in a single political system, dividing the powers between the two. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy. Federalism differs from Confederation, confederalism, in which the general level of government is subordinate to the regional level, and from devolution within a unitary state, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Examples of a federation or federal province or state include ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
