Diversity of Citizenship Jurisdiction/magistrates Reform--1979: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, First Session, on H.R. 1046 and H.R. 2202 ... February 28, March 1 and 8, 1979U.S. Government Printing Office, 1979 - 406 páginas |
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Termos e frases comuns
95th Cong abolition of diversity Administration of Justice alienage jurisdiction amended American Law Institute amount in controversy ancillary jurisdiction appointed areas Article attorneys bill caseload Chairman Chief Justice circuit citizenship jurisdiction claim Committee complete diversity rule consent constitutional court judges court of appeals court systems CREIGHTON LAW REVIEW criminal decision defendant district judge DIVERSITY CASES FILED diversity juris diversity of citizenship eliminate federal courts federal district courts federal diversity jurisdiction federal judges federal judicial federal judiciary federal jurisdiction federal question federal question jurisdiction Hearings increase interpleader involving joinder judicial power jurisdic jurisdictional amount KASTEN MEIER KASTENMEIER legislation litigation Nature of suit Office out-of-state parties pendent pendent jurisdiction percent personal injury plaintiff prejudice problems procedures proposed reasons removal requirement resident Senate service of process Sess Stat statute statutory Strawbridge Subcommittee supra note supra note 15 Supreme Court tion tort United States Code United States Courts
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Página 248 - Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction.
Página 381 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Página 207 - The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Página 161 - State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated...
Página 365 - Article III of the Constitution provides that the judicial power of the United States — shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.
Página 364 - The judicial power of the United States is vested in the Supreme Court, and such inferior courts as Congress may, from time to time, ordain and establish.
Página 162 - States which declares that the "judicial power shall extend . . . to controversies . . . between citizens of different States...
Página 188 - A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person's: (1) Transacting any business in this state...
Página 255 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Página 382 - Constitution was adopted, was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend 'to all cases of admiralty and maritime jurisdiction...