Understanding Federal Courts And Jurisdiction

Autor: Linda S. Mullenix
Publisher: LexisNexis
ISBN: 1630447935
File Size: 80,50 MB
Format: PDF, ePub
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This comprehensive Understanding treatise offers a coherent and complete overview of the complex constitutional principles and doctrines governing the federal judicial system. In a single volume, it provides a rich discussion of Article III of the United States Constitution, which governs the federal judiciary, and explains the role of Congress in regulating the federal courts' jurisdiction. After explaining the constitutional and statutory bases for federal jurisdiction, the treatise discusses the intricate case law on the statutory procedures relevant to litigating actions in federal courts. The treatise concludes with an exploration of the important federalism problems inherent in our dual system of courts, and the interrelationship of federal and state courts. Focusing on the relevant statutes and Supreme Court and appellate doctrine, Understanding Federal Courts and Jurisdiction covers all aspects of federal jurisdiction: justiciability, including standing, mootness, ripeness, and political questions; and the major types of federal jurisdiction, federal question and diversity, as well as the supplemental jurisdiction statute. The procedural portion of the treatise covers removal, venue, transfer of venue, personal jurisdiction in the federal courts, and multidistrict litigation. The federalism discussion includes a coherent review of the abstention doctrines, the Anti-Injunction Act, the Eleventh Amendment, the Erie doctrine, and intersystem preclusion. Understanding Federal Courts and Jurisdiction is ideal for students in the basic procedure course as well as upper division federal jurisdiction and practice courses. It also provides new and experienced federal practitioners with the basic principles and solid basis for further research. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Understanding Federal Courts And Jurisdiction

Autor: Linda S. Mullenix
Publisher: LexisNexis
ISBN: 1422486583
File Size: 45,64 MB
Format: PDF, ePub, Docs
Read: 7711
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This comprehensive Understanding treatise offers a coherent and complete overview of the complex constitutional principles and doctrines governing the federal judicial system. In a single volume, it provides a rich discussion of Article III of the United States Constitution, which governs the federal judiciary, and explains the role of Congress in regulating the federal courts' jurisdiction. After explaining the constitutional and statutory bases for federal jurisdiction, the treatise discusses the intricate case law on the statutory procedures relevant to litigating actions in federal courts. The treatise concludes with an exploration of the important federalism problems inherent in our dual system of courts, and the interrelationship of federal and state courts. Focusing on the relevant statutes and Supreme Court and appellate doctrine, Understanding Federal Courts and Jurisdiction covers all aspects of federal jurisdiction: justiciability, including standing, mootness, ripeness, and political questions; and the major types of federal jurisdiction, federal question and diversity, as well as the supplemental jurisdiction statute. The procedural portion of the treatise covers removal, venue, transfer of venue, personal jurisdiction in the federal courts, and multidistrict litigation. The federalism discussion includes a coherent review of the abstention doctrines, the Anti-Injunction Act, the Eleventh Amendment, the Erie doctrine, and intersystem preclusion. Understanding Federal Courts and Jurisdiction is ideal for students in the basic procedure course as well as upper division federal jurisdiction and practice courses. It also provides new and experienced federal practitioners with the basic principles and solid basis for further research. This eBook features links to Lexis Advance for further legal research options.

Federal Courts

Autor: Laura E. Little
Publisher: Aspen Publishers Online
ISBN: 073556146X
File Size: 41,91 MB
Format: PDF, Kindle
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An approachable and practical study guide to what is considered a challenging and abstract subject, Examples & Explanations: Federal Courts provides students with a brief, textual introduction to doctrines, as well as examples and analytical answers. with a sensible, flexible organization, it adapts well to a variety of teaching approaches and learning styles. This reliable guide offers ample features and benefits: Cutting-edge coverage unveils many important recent developments absent in competing books, such as: Hamdan v. Rumsfeld (non-Article III courts -- 2006) Marshall v. Marshall (diversity of citizenship -- 2006) The Class Action Fairness Act (diversity of citizenship -- 2005) Terri Schiavo litigation (congressional control of federal court jurisdiction -- 2005) Grable & Sons v. Darue Engineering (federal question jurisdiction -- 2005) Empire Healthchoice Assurance, Inc. v. McVeigh (2006) Exxon Mobil v. Allapattah (supplemental jurisdiction -- 2005) Lance v. Dennis (Rooker-Feldman doctrine 2006) Exxon Mobil v. Saudi Basic Industries (Rooker-Feldman doctrine -- 2005) Habeas Corpus cases (2005-2006) Nuances and unsettled issues in the law are openly addressed. the guide resists black letter simplification of legal concepts and capitalizes on this notion, without sacrificing clarity or meaningful analysis Complicated subjects are presented in an understandable manner. Widely respected federal courts scholar, Professor Laura E. Little, transforms her global knowledge of federal courts issues in a format that students can digest and master. An accessible and clear writing style provides lucid explanations of complex areas of the law and breaks down doctrines into component parts. Page layout is designed for easy retrieval and understanding A sensible and flexible organization caters to students with various learning styles. Topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs Visual aids, including several graphs and illustrations that illustrate both "macro" and "micro" understandings of the material, are designed to convey intricacies of rules as well as larger relationships among doctrines and institutions Examples demonstrate complexities and ambiguities in the legal doctrine, while the explanations demonstrate practical skills for coping with uncertainty in the law, anticipating and outlining arguments on both sides of a controversy. Combined, these model good lawyering and exam-taking techniques

Federal Jurisdiction

Autor: Erwin Chemerinsky
Publisher: Wolters Kluwer Law and Business
ISBN: 9781454804024
File Size: 62,53 MB
Format: PDF, Kindle
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This premier treatise offers a powerful exploration of the underlying polices

Reclaiming The Federal Courts

Autor: Larry W. Yackle
Publisher: American Mathematical Soc.
ISBN: 9780674750074
File Size: 76,78 MB
Format: PDF, Mobi
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Yackle focuses on judicially created doctrines that channel certain cases away from the federal courts (which tend to hold government power in check) and into state courts (which tend to allow government a relatively free hand). In doing so, he clearly shows how seemingly arcane and confusing legal technicalities actually tilt the delicate balance between government power and individual liberty in the United States. As he traces the historical underpinnings of the federal judicial system, Yackle explains how access to the federal courts in federal-question cases is intertwined with the most fundamental elements of American jurisprudence - Legal Formalism, Legal Realism, Legal Process, and the Civil Rights Movement - as well as with the recent conservative retrenchment. He goes on to examine specific modern doctrines.

Black Letter Outline On Federal Courts

Autor: RICHARD D. FREER
Publisher: West Academic Publishing
ISBN: 9781634607704
File Size: 63,10 MB
Format: PDF, ePub
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Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.

History Of The Federal Courts

Autor: Erwin C. Surrency
Publisher:
ISBN:
File Size: 42,94 MB
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This text examines the history of the federal courts from their establishment in 1789 to the present. Coverage actually begins with the Articles of Confederation, which influenced the earliest development of the federal government. In pursuing historical accuracy, the volume explains the evolution of the federal courts and special courts of national jurisdiction using terms of law and procedure understood at the point in history when changes occurred. Therefore a term such as "Circuit Court" actually refers to two different bodies at different historical points. Growth and expansion of the court systems originated in response to procedural, conceptual and historical influences. The author explains evolution in the different types of federal courts through time, with particular attention to the procedure in both equity and admiralty matters which is different from procedure in civil and criminal matters, the growth of the jurisdiction of the federal courts, and changes to the procedure before the Supreme Court.

Federal Court Basics

Autor: The Administrative Office of the United
Publisher: Createspace Independent Publishing Platform
ISBN: 9781532946738
File Size: 76,88 MB
Format: PDF, Mobi
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Federal Court Basics. The Structure and Function of Federal and State Courts. The Administrative Office of the United States Courts. Explanation of the Federal Court System how it works, its functions and responsibilities. Why Two Court Systems? The Judicial Branch has two court systems: federal and state. While each hears certain types of cases, neither is completely independent of the other. The two systems often interact and share the goal of fairly handling legal issues. The U.S. Constitution created a governmental structure known as federalism that calls for the sharing of powers between the national and state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. The federal court system deals with legal issues expressly or implicitly granted to it by the U.S. Constitution. The state court systems deal with their respective state constitutions and the legal issues that the U.S. Constitution did not give to the federal government or explicitly deny to the states. For example, because the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction. Likewise, since the Constitution does not give the federal government authority in most family law matters, a federal court would lack jurisdiction in a divorce case. The federal judiciary is one of three equal but distinct branches of the federal government.