what is the role of the Erie Doctrine when applied to a case in Federal Court under the rules of diversity
what are the elements of diversityWhat is the role of the Erie Doctrine when applied to a case in Federal Court under the rules of diversity?
The Eric Doctrine says that a federal court in diversity jurisdiction must apply state substantive law, which basically means that when a federal court hears a diversity case, it must apply state common law when deciding state law issues, NOT FEDERAL laws, in adjudicating the case.
This prevents federal courts from ignoring state law and case precedents and making new law in a state. So, if the law in your state is you get two apples for every orange, and someone from a another states sues you in your state in federal court on this issue, the federal court has to honor your state law and give you two apples for every orange.
Friday, May 14, 2010
Some cases, such as bankruptcy and patent, are heard only in federal courts...?
Some cases, such as bankruptcy and patent, are heard only in federal courts. Do you think that having exclusive jurisdiction by federal courts in these subject matters is a good idea? Why or why not? Some cases are also only heard in state courts. For example, most family law cases are almost always heard in state court and not federal court. Is this a good idea? Why or why not?Some cases, such as bankruptcy and patent, are heard only in federal courts...?
Patents and bankruptcy are in federal courts because the constitution gave Congress the power to regulate these matters and Congress has done so to the exclusion of the States and State Courts. Some federal laws may be litigated in state courts and any federal court can consider state laws assuming they have ';subject matter jurisdiction'; such as cases over a certain amount between people of different states
Patents and bankruptcy are in federal courts because the constitution gave Congress the power to regulate these matters and Congress has done so to the exclusion of the States and State Courts. Some federal laws may be litigated in state courts and any federal court can consider state laws assuming they have ';subject matter jurisdiction'; such as cases over a certain amount between people of different states
Mom and the federal case?
my mom and i have not gotten along for years. 8 years ago she said if i ever called her again she would press charges. i call them every once in a while and get the answering machine. sometimes, i leave non threatening messages. on new years eve, i did the same thing and no she says (we live in different states) our law enforcement, your law enforcement and the feds are involved. is she full of it and starting to break down? why would she call me and tell me that if the police are handling it?Mom and the federal case?
Jason,
You are in the wrong section of ANSWERS. Here we are supposed to answer questions about Taxes. However, here is my opinion on your comment;
You should never disrespect your Mom, if you do, you will end up a big loser in life. If your Mom tells you not to call, you should respect her wishes and ask for her forgiveness for anything you have done to hurt her.
Good luck!Mom and the federal case?
This is the tax section of the forum.
But that said, it does sound like she's full of it re all the cops and the FBI involved. But I'd still quit calling.under eye concealer
Jason,
You are in the wrong section of ANSWERS. Here we are supposed to answer questions about Taxes. However, here is my opinion on your comment;
You should never disrespect your Mom, if you do, you will end up a big loser in life. If your Mom tells you not to call, you should respect her wishes and ask for her forgiveness for anything you have done to hurt her.
Good luck!Mom and the federal case?
This is the tax section of the forum.
But that said, it does sound like she's full of it re all the cops and the FBI involved. But I'd still quit calling.
Federal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
A. Foreign government Official
B. A person accused of a federal crime
C.Citizens of different States
D.the infringment of a copy right
Another question that I was wondering about U.S. court hears which cases
1. civil cases
2.criminal cases
3.no cases that generated by the Internal Revenue service
4.All of theseFederal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
C. Citizens of different states. There's concurrent jurisdiction with the states on that type of case.
The second half of your question is indecipherable.Federal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
Federal courts have exclusive jurisdiction over (C), citizens of different states, but only IF a party asserts it. It is important to remember that your state's trial court is the only court of general jurisdiction that can hear any type of case. Suits between citizens of different states can be removed to federal court, but they can be filed and heard in state court also. A right to federal jurisdiction is not the same as mandatory federal jurisdiction.
In answer to the second part of your question, which is understandable to me, is that your state's trial courts can hear all cases you describe. Yes, there is a court devoted only to tax cases, but that court does not have exclusive jurisdiction. Tax cases can by heard by state courts. Criminal tax charges are frequently heard by state courts. Civil and criminal cases go to your state court. Some may be removed to fed'l court because of diversity jurisdiction or federal crimes, but removal is optional. In short, federal courts do not have exclusive jurisdiction in any of the choices you listed in your question. They have concurrent jurisdiction with the state court. The only court of general jurisdiction is your state trial court--called District Court in my state, or Superior Court, or Court of Common Pleas or Supreme Court (in NY) and probably a few other names.
-C- is correct..
Federal courts are courts of limited jurisdiction. Article III, 搂2 of U.S. Constitution lists nine categories of federal jurisdiction. You must fall into one of the categories for federal court to hear the case.
See also 28 U.S.C. Section 1331 and 1332
B. A person accused of a federal crime
C.Citizens of different States
D.the infringment of a copy right
Another question that I was wondering about U.S. court hears which cases
1. civil cases
2.criminal cases
3.no cases that generated by the Internal Revenue service
4.All of theseFederal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
C. Citizens of different states. There's concurrent jurisdiction with the states on that type of case.
The second half of your question is indecipherable.Federal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
Federal courts have exclusive jurisdiction over (C), citizens of different states, but only IF a party asserts it. It is important to remember that your state's trial court is the only court of general jurisdiction that can hear any type of case. Suits between citizens of different states can be removed to federal court, but they can be filed and heard in state court also. A right to federal jurisdiction is not the same as mandatory federal jurisdiction.
In answer to the second part of your question, which is understandable to me, is that your state's trial courts can hear all cases you describe. Yes, there is a court devoted only to tax cases, but that court does not have exclusive jurisdiction. Tax cases can by heard by state courts. Criminal tax charges are frequently heard by state courts. Civil and criminal cases go to your state court. Some may be removed to fed'l court because of diversity jurisdiction or federal crimes, but removal is optional. In short, federal courts do not have exclusive jurisdiction in any of the choices you listed in your question. They have concurrent jurisdiction with the state court. The only court of general jurisdiction is your state trial court--called District Court in my state, or Superior Court, or Court of Common Pleas or Supreme Court (in NY) and probably a few other names.
-C- is correct..
Federal courts are courts of limited jurisdiction. Article III, 搂2 of U.S. Constitution lists nine categories of federal jurisdiction. You must fall into one of the categories for federal court to hear the case.
See also 28 U.S.C. Section 1331 and 1332
Thursday, May 13, 2010
In the case of state v. Ringquist, was this case a function of the federal or state court system?
What was the jurisdiction and what was the original venue of the case?In the case of state v. Ringquist, was this case a function of the federal or state court system?
The case was an appeal by the State of North Dakota from a district court order suppressing evidence obtained during a search of Richard Allen Ringquist's apartment, pursuant to a search warrant issued by the Stark County Court.
The case was heard by the North Dakota Supreme Court, which reversed and remanded the district court order. State v. Ringquist, 433 N.W.2d 207 (N.D. 1988).
The case was decided under the North Dakota constitution, with the state Supreme Court agreeing that the standard enunciated by the US Supreme Court in Illinois vs. Gates (totality of the circumstances) is the appropriate test for issuance of a warrant under the state consitution.
The case was an appeal by the State of North Dakota from a district court order suppressing evidence obtained during a search of Richard Allen Ringquist's apartment, pursuant to a search warrant issued by the Stark County Court.
The case was heard by the North Dakota Supreme Court, which reversed and remanded the district court order. State v. Ringquist, 433 N.W.2d 207 (N.D. 1988).
The case was decided under the North Dakota constitution, with the state Supreme Court agreeing that the standard enunciated by the US Supreme Court in Illinois vs. Gates (totality of the circumstances) is the appropriate test for issuance of a warrant under the state consitution.
Can someone who has been sentenced in a Federal prision fight his case again?
My boyfriend got sentenced three months ago and his date to come out is until 2015, so I just want to know if there is anything I can do from the outside to shorten his time. The reason: He had weapons at home. and had one on him.Can someone who has been sentenced in a Federal prision fight his case again?
Get an atty and file an appeal.Can someone who has been sentenced in a Federal prision fight his case again?
The only way to have his case heard again is if there is new evidence that was not mentioned in original case, also if he can prove his defense lawyer was incompetent during the trial. The only way to shorten his time in prison is to be a ';Model Prisoner';.
He can still appeal it, he needs a good lawyer.
Has he appealed his sentence or the verdict?
If the appeal period had ended I don't think that it can go back to court unless new evidence is discovered and a new trial could be ordered.
If he has not filed an appeal by now it is too late to do so. He can still file a 2255. Contact an attorney, a different one than he had before.
Hire an attorney and file an appeal.
There isn't anything that you can do but he can shorten his sentence by keeping his nose clean, taking classes, or attending religious services. He can later as for a sentence reduction but will still probably have to serve at least half of his sentence.
Get an atty and file an appeal.Can someone who has been sentenced in a Federal prision fight his case again?
The only way to have his case heard again is if there is new evidence that was not mentioned in original case, also if he can prove his defense lawyer was incompetent during the trial. The only way to shorten his time in prison is to be a ';Model Prisoner';.
He can still appeal it, he needs a good lawyer.
Has he appealed his sentence or the verdict?
If the appeal period had ended I don't think that it can go back to court unless new evidence is discovered and a new trial could be ordered.
If he has not filed an appeal by now it is too late to do so. He can still file a 2255. Contact an attorney, a different one than he had before.
Hire an attorney and file an appeal.
There isn't anything that you can do but he can shorten his sentence by keeping his nose clean, taking classes, or attending religious services. He can later as for a sentence reduction but will still probably have to serve at least half of his sentence.
Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
You must sue where the incident occurred.The respondent will have to appear where ever she/he is summoned.No federal court would apply.Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
No. Sue in circuit court in NE and the defendant will have to travel there to respond. That is assuming the tort offense occurred in NE. If it occurred in LA, the case must be filed there. In either case it will not be heard in a federal court.
It can be heard in a Nebraska court, a Louisiana court or a federal court.
You must sue where the incident occurred.The respondent will have to appear where ever she/he is summoned.No federal court would apply.Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
No. Sue in circuit court in NE and the defendant will have to travel there to respond. That is assuming the tort offense occurred in NE. If it occurred in LA, the case must be filed there. In either case it will not be heard in a federal court.
It can be heard in a Nebraska court, a Louisiana court or a federal court.
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