The Law of Federal Courts

Author: Charles Alan Wright
Publisher: West Group
ISBN: STANFORD:36105060073173
Release Date: 1994-01-01
Genre: Law

Federal Judicial System; Judicial Power of the United States; Federal Question; Diversity, of Citizenship; Jurisdictional Amount; Removal Jurisdiction and Procedure; Venue; Relations of State and Federal Courts; Law Applied by Federal Courts; Procedure in District Courts (Introduction; Process; Pleadings; Joinder of Claims and Parties; Discovery; Trials; Judgment); Appellate Jurisdiction of the Courts of Appeals; Appellate Jurisdiction of Supreme Court; Original Jurisdiction of Supreme Court.

Law of Federal Courts

Author: Charles Alan Wright
Publisher: West Academic Publishing
ISBN: STANFORD:36105060252389
Release Date: 2002-01-01
Genre: Law

Offers practical guidance and comprehensive coverage on all aspects of federal court jurisdiction and litigation procedure, as well as the relationship between the state and federal courts. Text reviews the federal judicial system; judicial power of the United States; diversity of citizenship; venue; pleadings, trials, and judgments; and appellate court jurisdiction.

History of the Federal Courts

Author: Erwin C. Surrency
Publisher:
ISBN: STANFORD:36105060999815
Release Date: 2002
Genre: Law

This text examines the history of the federal courts from their establishment in 1789 to the present. Coverage actually begins with the Articles of Confederation, which influenced the earliest development of the federal government. In pursuing historical accuracy, the volume explains the evolution of the federal courts and special courts of national jurisdiction using terms of law and procedure understood at the point in history when changes occurred. Therefore a term such as "Circuit Court" actually refers to two different bodies at different historical points. Growth and expansion of the court systems originated in response to procedural, conceptual and historical influences. The author explains evolution in the different types of federal courts through time, with particular attention to the procedure in both equity and admiralty matters which is different from procedure in civil and criminal matters, the growth of the jurisdiction of the federal courts, and changes to the procedure before the Supreme Court.

A Matter of Interpretation Federal Courts and the Law

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 9781400882953
Release Date: 2018-01-30
Genre: Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

The Role of Federal Courts in U S Customs International Trade Law

Author: Patrick C. Reed
Publisher:
ISBN: STANFORD:36105060123796
Release Date: 1997
Genre: Business & Economics

This publication provides for a clear understanding of the issues, in customs, tariff, antidumping and countervailing duty laws, as well as laws providing for embargoes, quantitative restrictions on imports, and adjustments to import competition. The text begins with the historical evolution of judicial review in import law. The current functioning of the CIT (Court of International Trade) and CAFC (Court of Appeals for the Federal Circuit) are examined in detail, as reflected in the legal doctrines of administrative law involved in the judicial review of government agencies. Topics addressed include jurisdiction, standing, sovereign immunity, exhaustion of administrative remedies, and preclusion of review. It also includes a discussion of the possible changes in the existing institutional framework for customs and international trade litigation, including possible expansions in the jurisdiction of the CIT.

Federal Courts

Author: Larry W. Yackle
Publisher:
ISBN: STANFORD:36105134432488
Release Date: 2009
Genre: Law

"This third edition of Federal Courts offers a succinct account of the law governing the tribunals that exercise the judicial power of the United States. It provides lawyers and law students with a concise presentation of the constitutional principles, statutes, and judge-made doctrines covered in law school courses on the subject, typically entitled "Federal Courts" or "Federal Jurisdiction." To assist students, this book follows the subject headings, principal decisions, and commentaries emphasized in standard law school course materials. Readers who need an introduction to the basics will find it in this text; readers who need deeper analysis will find it in the exhaustive footnotes."--BOOK JACKET.

A Matter of Interpretation Federal Courts and the Law

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400822173
Release Date: 1998-07-27
Genre: Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

Federal Courts

Author: Laura E. Little
Publisher: Aspen Publishers Online
ISBN: 9780735561465
Release Date: 2007
Genre: Law

An approachable and practical study guide to what is considered a challenging and abstract subject, Examples & Explanations: Federal Courts provides students with a brief, textual introduction to doctrines, as well as examples and analytical answers. with a sensible, flexible organization, it adapts well to a variety of teaching approaches and learning styles. This reliable guide offers ample features and benefits: Cutting-edge coverage unveils many important recent developments absent in competing books, such as: Hamdan v. Rumsfeld (non-Article III courts -- 2006) Marshall v. Marshall (diversity of citizenship -- 2006) The Class Action Fairness Act (diversity of citizenship -- 2005) Terri Schiavo litigation (congressional control of federal court jurisdiction -- 2005) Grable & Sons v. Darue Engineering (federal question jurisdiction -- 2005) Empire Healthchoice Assurance, Inc. v. McVeigh (2006) Exxon Mobil v. Allapattah (supplemental jurisdiction -- 2005) Lance v. Dennis (Rooker-Feldman doctrine 2006) Exxon Mobil v. Saudi Basic Industries (Rooker-Feldman doctrine -- 2005) Habeas Corpus cases (2005-2006) Nuances and unsettled issues in the law are openly addressed. the guide resists black letter simplification of legal concepts and capitalizes on this notion, without sacrificing clarity or meaningful analysis Complicated subjects are presented in an understandable manner. Widely respected federal courts scholar, Professor Laura E. Little, transforms her global knowledge of federal courts issues in a format that students can digest and master. An accessible and clear writing style provides lucid explanations of complex areas of the law and breaks down doctrines into component parts. Page layout is designed for easy retrieval and understanding A sensible and flexible organization caters to students with various learning styles. Topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs Visual aids, including several graphs and illustrations that illustrate both "macro" and "micro" understandings of the material, are designed to convey intricacies of rules as well as larger relationships among doctrines and institutions Examples demonstrate complexities and ambiguities in the legal doctrine, while the explanations demonstrate practical skills for coping with uncertainty in the law, anticipating and outlining arguments on both sides of a controversy. Combined, these model good lawyering and exam-taking techniques

Casenote Legal Briefs Federal Courts Keyed to Hart and Wechsler sthe Federal Courts and the Federal System 6th Ed

Author: Aspen Publishers
Publisher: Aspen Publishers Online
ISBN: 9780735589476
Release Date: 2009-12
Genre: Law

For over two decades, Casenote Legal Briefs have helped hundreds of thousands of students prepare for classes and exams year after year with unparalleled results. Known throughout the law school community as high-quality legal study aids, Casenotes popular series of legal briefs are the most comprehensive legal briefs available today. With over 100 Casenotes published today in all key areas, ranging from Administrative Law to Wills, Trusts, and Estates each and every Casenote offers: professionally written briefs of the cases in your casebook coverage that is accurate and up-to-date editor's analysis explaining the relevance of each case to the course coverage built on decades of experience the highest commitment to quality

Understanding Federal Courts and Jurisdiction

Author: Linda S. Mullenix
Publisher: LexisNexis
ISBN: 9781422486580
Release Date: 1998-09-21
Genre: Law

This comprehensive Understanding treatise offers a coherent and complete overview of the complex constitutional principles and doctrines governing the federal judicial system. In a single volume, it provides a rich discussion of Article III of the United States Constitution, which governs the federal judiciary, and explains the role of Congress in regulating the federal courts' jurisdiction. After explaining the constitutional and statutory bases for federal jurisdiction, the treatise discusses the intricate case law on the statutory procedures relevant to litigating actions in federal courts. The treatise concludes with an exploration of the important federalism problems inherent in our dual system of courts, and the interrelationship of federal and state courts. Focusing on the relevant statutes and Supreme Court and appellate doctrine, Understanding Federal Courts and Jurisdiction covers all aspects of federal jurisdiction: justiciability, including standing, mootness, ripeness, and political questions; and the major types of federal jurisdiction, federal question and diversity, as well as the supplemental jurisdiction statute. The procedural portion of the treatise covers removal, venue, transfer of venue, personal jurisdiction in the federal courts, and multidistrict litigation. The federalism discussion includes a coherent review of the abstention doctrines, the Anti-Injunction Act, the Eleventh Amendment, the Erie doctrine, and intersystem preclusion. Understanding Federal Courts and Jurisdiction is ideal for students in the basic procedure course as well as upper division federal jurisdiction and practice courses. It also provides new and experienced federal practitioners with the basic principles and solid basis for further research. This eBook features links to Lexis Advance for further legal research options.