The Concurrent Jurisdiction Of The Federal And State Courts

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The Concurrent Jurisdiction of the Federal and State Courts

Author : George Chandler Holt
Publisher : Palala Press
Page : 274 pages
File Size : 40,7 Mb
Release : 2015-11-19
Category : Electronic
ISBN : 1346942668

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The Concurrent Jurisdiction of the Federal and State Courts by George Chandler Holt Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Federal-State Concurrent Jurisdiction

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 78 pages
File Size : 55,6 Mb
Release : 1956
Category : Conflict of laws
ISBN : LOC:00099328472

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Federal-State Concurrent Jurisdiction by United States. Congress. Senate. Committee on the Judiciary Pdf

Considers (84) S. 373, (84) S. 3143.

Federal-state Concurrent Jurisdiction. S. 373 and S. 3143. May 1956

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 76 pages
File Size : 52,5 Mb
Release : 1956
Category : Electronic
ISBN : STANFORD:36105045468456

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Federal-state Concurrent Jurisdiction. S. 373 and S. 3143. May 1956 by United States. Congress. Senate. Committee on the Judiciary Pdf

Courts of Admiralty and the Common Law

Author : Steven L. Snell
Publisher : Unknown
Page : 502 pages
File Size : 51,9 Mb
Release : 2007
Category : Admiralty
ISBN : UCSC:32106018867652

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Courts of Admiralty and the Common Law by Steven L. Snell Pdf

Courts of Admiralty and the Common Law examines the origins of American admiralty jurisdiction. Drawing from a vast array of primary sources, ranging from Roman law to English records of the medieval and early modern periods, the author traces the development of English admiralty practice that provided the legal heritage of the new American nation. The book provides details of how the English High Court of Admiralty and its civil-law practitioners became embroiled in the struggle between Crown and Parliament in the seventeenth century, losing much of their traditional jurisdiction to the courts of common law at a time when the American colonies were just beginning to establish specialized tribunals for hearing maritime cases. With maritime jurisdiction in flux in the mother country, the Americans were free to adopt ad hoc solutions to the problem of jurisdiction, creating a system in which both the colonial common-law courts and the newly established colonial vice admiralty courts had concurrent power to adjudicate a wide range of maritime claims. Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789. Building upon an assortment of materials from the Constitutional Convention, the states' ratifying conventions, and other contemporary sources, the author explores the pivotal role that the debate over maritime jurisdiction played in determining the structure of the federal courts and explains the reasons underlying the first Congress' decision to grant concurrent jurisdiction over some maritime cases to the states' courts of common law. When the first Congress incorporated concurrent state/federal jurisdiction over several classes of maritime claims into the Judiciary Act of 1789, the author argues, it had not created a novel jurisdictional system, but merely had preserved the status quo established long ago in the colonial era. Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, as part of the law of nations, would be applied uniformly in both state and federal courts. Soon, however, both new technology, such as the introduction of steam power in maritime commerce, and changing views regarding the law of nations would challenge that assumption. As the original reasons for granting concurrent jurisdiction unraveled, American judges in the early nineteenth century sought to make overlapping jurisdiction work in a changing world. Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce. "Through his thorough account of the shipping industry's rise and fall and of the challenges admiralty jurisdiction posed to ideas about federalism, Professor Snell shows how commerce influenced the development of our unique governmental structure." -- Harvard Law Review "For those with an interest in the development in American courts of a distinct jurisdiction in cases sufficiently related to waterborne transport, this book should fit neatly between that of Prichard and Yale on the one hand and Robertson on the other. It is more comprehensive in research and perspective, synthetic in process, and thematic in design than the former. It offers more evidence than the latter and it addresses controversies that have ripened since 1970." -- Journal of Maritime Law and Commerce

Federal Digest

Author : Anonim
Publisher : Unknown
Page : 522 pages
File Size : 52,9 Mb
Release : 1940
Category : Law reports, digests, etc
ISBN : STANFORD:36105061647314

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Federal Digest by Anonim Pdf

Business of the Supreme Court

Author : Felix Frankfurter,James McCauley Landis
Publisher : Unknown
Page : 368 pages
File Size : 53,9 Mb
Release : 1928
Category : Constitutional law
ISBN : UOM:39015003841668

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Business of the Supreme Court by Felix Frankfurter,James McCauley Landis Pdf

American Judicial Power

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 55,6 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906

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American Judicial Power by Michael Buenger,Paul J. De Muniz Pdf

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Commentaries on American Law

Author : James Kent
Publisher : Unknown
Page : 530 pages
File Size : 53,6 Mb
Release : 1826
Category : Law
ISBN : NYPL:33433008580502

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Commentaries on American Law by James Kent Pdf

The Federal Cases

Author : Anonim
Publisher : Unknown
Page : 1242 pages
File Size : 53,8 Mb
Release : 1894
Category : Law reports, digests, etc
ISBN : UOM:35112100826876

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The Federal Cases by Anonim Pdf

Concurrent Powers in Federal Systems

Author : Nico Steytler
Publisher : BRILL
Page : 378 pages
File Size : 48,5 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004337572

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Concurrent Powers in Federal Systems by Nico Steytler Pdf

Concurrency of powers is a key to governance in most federal systems. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, is the first to examine from a comparative perspective its various manifestations, reasons for emergence, and management strategies.

Business Torts Litigation

Author : Ann E. Georgehead,David A. Soley,Robert Y. Gwin
Publisher : American Bar Association
Page : 366 pages
File Size : 43,6 Mb
Release : 2005
Category : Law
ISBN : 1590314840

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Business Torts Litigation by Ann E. Georgehead,David A. Soley,Robert Y. Gwin Pdf

"A litigator's guide to current business torts law, this book provides a concise review of - or introduction to - the important issues, general rules, and major exceptions to the rules in each of the major business torts subjects areas, along with practical guidance through the situations you are likely to encounter in assessing, preparing and presenting a case."--BOOK JACKET.

Civil Litigation

Author : Peggy N. Kerley,Joanne Banker Hames,Paul Sukys
Publisher : Taylor & Francis
Page : 498 pages
File Size : 41,8 Mb
Release : 2001
Category : Law
ISBN : 0766826694

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Civil Litigation by Peggy N. Kerley,Joanne Banker Hames,Paul Sukys Pdf

Civil Litigation is a comprehensive text designed to familiarize the paralegal student with all aspects of the civil litigation process and the role of the paralegal in that process. It provides substantive legal principles and their practical applications in a realistic litigation practice. The book presents a chronological approach to litigation, starting with the opening stages of a lawsuit, progressing to the preparing of pleadings and motions, followed by discovery and concluding with pre-trial, trial and appellate proceedings. Litigation technology and relevant Internet sources are incorporated into each chapter. Projects and exercises at the end of each chapter also give the student opportunities to prepare litigation documents such as letter, pleadings, motion and discovery. Students not only read about the litigation process, but benefit from the practical experiential assignments.