Diversity of Citizenship Jurisdiction/magistrates Reform: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-fifth Congress, First Session ....U.S. Government Printing Office, 1978 - 512 páginas |
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Página 27
... magistrate system In 1968 Congress enacted the Federal Magistrates Act to replace the com- missioner system . Magistrates are officers of the district courts . This Act allowed courts to assign magistrates " minor " noninjury trials ...
... magistrate system In 1968 Congress enacted the Federal Magistrates Act to replace the com- missioner system . Magistrates are officers of the district courts . This Act allowed courts to assign magistrates " minor " noninjury trials ...
Página 28
... magistrates and in considering questions of removal or retention in office . App . A , Sec . 3. In addition , bar membership requirements are expanded to mandate , in general , that no magistrate can be appointed without having been a ...
... magistrates and in considering questions of removal or retention in office . App . A , Sec . 3. In addition , bar membership requirements are expanded to mandate , in general , that no magistrate can be appointed without having been a ...
Página 56
... magistrate , it would be less informed than if it were made after the magistrates decision . Based on these concerns , we believe that the right of appeal to a circuit court should be retained for all litigants . We think this will ...
... magistrate , it would be less informed than if it were made after the magistrates decision . Based on these concerns , we believe that the right of appeal to a circuit court should be retained for all litigants . We think this will ...
Página 58
... magistrates ' measures . That impact would , of course , ultimately de- pend on the numbers of parties who consent to magistrates ' jurisdic- tion , the quality of the decisions of the magistrates , the supporting staff for the magistrates ...
... magistrates ' measures . That impact would , of course , ultimately de- pend on the numbers of parties who consent to magistrates ' jurisdic- tion , the quality of the decisions of the magistrates , the supporting staff for the magistrates ...
Página 63
... magistrate . Mr. EHRLICH . Again , we do understand the point and we do have concern about shortchanging any group . I'll also say though , we have talked to a number of Legal Services lawyers who regularly appear before magistrates and ...
... magistrate . Mr. EHRLICH . Again , we do understand the point and we do have concern about shortchanging any group . I'll also say though , we have talked to a number of Legal Services lawyers who regularly appear before magistrates and ...
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Términos y frases comunes
abolish diversity action Administrative Office amended American Law Institute amount in controversy appointed Article III court article III judges bankruptcy BEGAM bill BUTLER caseload Chairman Chief Justice circuit citizens citizenship jurisdiction civil rights claim committee Congress consent constitutional court of appeals criminal defendant district court judge district judges diversity jurisdiction diversity of citizenship DRINAN eliminate enactment Federal courts Federal district court Federal judges federal jurisdiction federal question federal question jurisdiction going in-state plaintiff interpleader Judge METZNER Judge SKOPIL Judicial Conference judicial power Judiciary jurisdictional amount KASTEN MEIER KASTENMEIER lawyers legislation litigation magistrate system MARGOLIS matter MEADOR novo parties percent petty offense prejudice present problem procedures proposal provision RAILSBACK removal requirement resident Senate statement statute subcommittee subsection suits Supreme Court Thank tion title 28 trial de novo TYDINGS U.S. district court U.S. magistrates United States Code United States District United States magistrates
Pasajes populares
Página 283 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Página 229 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Página 99 - SEC. 303. (a) Any person who violates any of the provisions of section 301 shall be guilty of a misdemeanor and shall on convic-tion thereof be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both...
Página 462 - A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires It.
Página 282 - Diversity of citizenship; amount in controversy; costs "(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and is between — " ( 1 ) citizens of different States ; "(2) citizens of a State, and foreign states or citizens or subjects thereof ; and "(3) citizens of different States and in which foreign states or citizens or subjects thereof are additional parties.
Página 281 - Jurisdiction is given to the courts of the union in two classes of cases. In the first, their jurisdiction depends on the character of the cause, whoever may be the parties. This class comprehends " all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.
Página 221 - ... Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. Any other such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.
Página 217 - Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, to which the various advisory committees report.
Página 8 - States. (b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
Página 278 - Bator et al, Hart and Wechsler's The Federal Courts and the Federal System 1109 n.2 (2d ed.