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 1
... proceeding further I will observe that there is a recorded vote on the floor and rather than proceed any further , we will recess for about 10 minutes and make that vote and return and recon- vene , accordingly . The committee stands in ...
... proceeding further I will observe that there is a recorded vote on the floor and rather than proceed any further , we will recess for about 10 minutes and make that vote and return and recon- vene , accordingly . The committee stands in ...
Página 14
... proceedings if it can do so on such terms as will assure the plaintiffs an opportunity to main- 23 tain suit upon the claim in an appropriate State court . Any 22 24 such stay may be conditioned on amenability of all defend- 11 1 ants ...
... proceedings if it can do so on such terms as will assure the plaintiffs an opportunity to main- 23 tain suit upon the claim in an appropriate State court . Any 22 24 such stay may be conditioned on amenability of all defend- 11 1 ants ...
Página 15
... proceedings in the district court . 15 " ( 3 ) Except as provided in section 1292 ( c ) of this 16 title , the decision of a district court staying proceedings or 17 refusing to dissolve a stay under this section shall not be 18 ...
... proceedings in the district court . 15 " ( 3 ) Except as provided in section 1292 ( c ) of this 16 title , the decision of a district court staying proceedings or 17 refusing to dissolve a stay under this section shall not be 18 ...
Página 31
... proceedings . Its review shall be under the standard that would be employed by the United States 4 court of appeals , if the action were reviewed , heard 5 6 7 8 9 10 11 12 13 31 14 15 395 16 17 18 19 20 21 222 23 24 or determined in ...
... proceedings . Its review shall be under the standard that would be employed by the United States 4 court of appeals , if the action were reviewed , heard 5 6 7 8 9 10 11 12 13 31 14 15 395 16 17 18 19 20 21 222 23 24 or determined in ...
Página 37
... proceedings in any jury or nonjury civil matter and order the entry of judgment in the case , when spe- cially designated to exercise such jurisdiction by the court or courts he serves , and under such conditions as may be imposed by ...
... proceedings in any jury or nonjury civil matter and order the entry of judgment in the case , when spe- cially designated to exercise such jurisdiction by the court or courts he serves , and under such conditions as may be imposed by ...
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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.