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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 procedu ... [...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 supreme law 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. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...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 abste ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Removal Jurisdiction
In the United States, removal jurisdiction allows a defendant to move a civil action or criminal case 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 ... [...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 the power to hear lawsuits that do not involve a federal question. For a 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, federal courts will normally lack the jurisdiction 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, Section 2, grants Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. The provision was included because the Framers of the Constituti ... [...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. 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 state of North Carolina's first constitution, adopted in 1776, permitted the North Carolina General Assembly to appoint "Judges of the Supreme Courts of Law and Equity", but no appellate court was created for several years. The first one was the Court of Conference, established in 1799, consisting of several North Carolina Superior Court judges sitting ''en banc'' twice each year to review appeals from their courts. In 1805, the General Assembly renamed the institution the "Supreme Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puerto Rico
; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territory of the United States under the designation of Commonwealth (U.S. insular area), commonwealth. Located about southeast of Miami, Miami, Florida between the Dominican Republic in the Greater Antilles and the United States Virgin Islands, U.S. Virgin Islands in the Lesser Antilles, it consists of the eponymous main island and numerous smaller islands, including Vieques, Puerto Rico, Vieques, Culebra, Puerto Rico, Culebra, and Isla de Mona, Mona. With approximately 3.2 million Puerto Ricans, residents, it is divided into Municipalities of Puerto Rico, 78 municipalities, of which the most populous is the Capital city, capital municipality of San Juan, Puerto Rico, San Juan, followed by those within the San Juan–Bayamón–Caguas metro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI), is an Territories of the United States, unincorporated territory and Commonwealth (U.S. insular area), 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 Islands, Mariana Archipelago; the southernmost island, Guam, is a separate U.S. territory. The Northern Mariana Islands were listed by the United Nations as a non-self-governing territory until 1990. During the colonial period, the Northern Marianas were variously under the control of the Spanish Empire, Spanish, German colonial empire, German, and Empire of Japan, Japanese empires. After World War II, the islands were part of the United Nations trust territories under American administration before formally joining the United States as a territory in 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guam
Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most populous village is Dededo. It is the List of extreme points of the United States#Westernmost points, westernmost point and territory of the United States, as measured from the geographic center of the United States, geographic center of the U.S. In Oceania, Guam is the largest and southernmost of the Mariana Islands and the largest island in Micronesia. As of 2022, its population was 168,801. Chamorros are its largest ethnic group, but a minority on the multiethnic island. The territory spans and has a population density of . Indigenous Guamanians are the Chamorro people, Chamorro, who are related to the Austronesian peoples, Austronesian peoples of the Malay Archipelago, the Philippines, Taiwanese indigenous peoples, Taiwan, and Polyne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Of Columbia
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with Maryland to its north and east. It was named after George Washington, the first president of the United States. The district is named for Columbia (personification), Columbia, the female National personification, personification of the nation. The Constitution of the United States, U.S. Constitution in 1789 called for the creation of a federal district under District of Columbia home rule, exclusive jurisdiction of the United States Congress, U.S. Congress. As such, Washington, D.C., is not part of any U.S. state, state, and is not one itself. The Residence Act, adopted on July 16, 1790, approved the creation of the Capital districts and territories, capital district along the Potomac River. The city ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, State (sub-national), states, Canton (administrative division), cantons, territorial, territories, etc.), while dividing the powers of governing between the two levels of governments. Two illustrative examples of federated countries—one of the world's oldest federations, and one recently organized—are Australia #Government and politics, Australia and Federated States of Micronesia, Micronesia. Johannes Althusius (1563–1638), is considered the father of modern federalism, along with Montesquieu. In 1603, Althusius first described the bases of this political philosophy in his ''Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata''. By 1748, in his treatise ''The Spirit of Law'', Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
