An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts - John Carter Rose - Google Cărți

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State Statutes Cannot Control Rules of Evidence

in Criminal Cases in Federal Courts.......

Sec. 100. Congress May Change Rules of Evidence in the

In Criminal Cases in Federal Courts Husbands or

Wives Are Not Competent Witnesses for or

Against Each Other.....

No Person Disqualified as a Witness by Reason

of Race, Color or Previous Condition of Servi-

In Federal Criminal Cases Rules Governing Com-

petency of Witnesses, Except When Changed

by Congress, Same as in the State When Ad-

mitted to the Union...

Sec. 104. Evidence Admissible in Cases of Disputed Hand-

All Who Take Part in Violating a Federal Law

Are Principal Offenders

In Criminal Trials in the Federal Courts Juries

Are Not Judges of the Law..

A Federal Judge May Comment Upon the Facts.. 83

Excepting to Judge's Charge.

The Jurisdiction of District Courts Over Suits

for Federal Penalties, Forfeitures and Seiz-

Suits for Penalties and Forfeitures and to En-

force Seizures Are Civil Proceedings....

CIVIL CONTROVERSIES OVER WHICH THE JURISDICTION

OF THE DISTRICT COURTS IS EXCLUSIVE

OF THAT OF THE STATES.

Sec. 111. The District Courts Have Exclusive Jurisdiction

Sec. 112. The District Courts of the United States Have

Exclusive Jurisdiction Over All Cases Aris-

ing Under the Patent and Copyright Laws...

Sec. 113. The District Courts Have Exclusive Jurisdic-

tion in Bankruptcy.....

Sec. 114. Federal Courts and Judges Have Exclusive Juris-

diction to Release by Habeas Corpus Persons

Held in Federal Custody.....

Sec. 115. The Original Jurisdiction of the District Courts

Which is Exclusive of That of the States But

Concurrent With That of the Supreme Court.

89

Suits Against Consuls and Vice-Consuls...

Where a Consul is a Defendant, District Court

Has Jurisdiction Irrespective of Citizenship

or Status of His Co-Defendants...

Sec. 118. In Suits Against a Consul Amount in Contro-

versy Immaterial .....

Sec. 119. The Privilege is That of Foreign, Not American

Sec. 120. Federal Courts Have Exclusive Jurisdiction of

Suits Against the United States....`. ... 91

Sec. 121. Jurisdiction of Court of Claims and of District

Courts of Suits Upon Claims Against the Uni-

Sec. 122. Contractual Claims Against the Government, Ju-

risdiction Over Which is Withheld from the

District Courts ..

Sec. 123. District Court Without Jurisdiction of Claims for

the Collection of Which Other Machinery is

Specially Provided

How Suit May be Brought in the District Court

Upon a Claim Against the United States.... 92

District Court Must in Suits upon Claims Against

the United States File an Opinion as Well as

Findings of Fact and Conclusions of Law.... 93

Sec. 126. Court Has Jurisdiction of All Claims by the Gov-

ernment Against the Claimant....

Suits Upon Claims Against the United States Are

Tried Without a Jury. . . . .

Sec. 128. No Relief Other Than a Judgment for Money

May be Given Against the United States....

Limitation as to Suits Against the United States..

Sec. 130. The United States Cannot be Sued for a Tort... 95

OF WHAT CONTROVERSIES DISTRICT COURTS HAVE

JURISDICTION CONCURRENT WITH

Sec. 131. Jurisdiction of District Court Concurrent With

That of Courts of the States.....

Sec. 132. Jurisdiction Over These Classes of Cases For-

merly in Circuit Court......

Sec. 133. Jurisdiction Under Section 24, Paragraph 1, Lim-

ited to Suits of a Civil Nature at Law or in

Eqiuty...

PAGE

Federal Courts May Have Jurisdiction of Suits

Inter Partes Involving the Validity of a Will. 100

Sec. 137. Federal Courts May Have Jurisdiction to Con-

Sec. 138. Federal Court May Have Jurisdiction of a Suit

Against an Administrator or an Executor on

a Debt Due by the Deceased....

Federal Courts Disclaim All Jurisdiction of Di-

vorce or the Allowance of Alimony.......... 101

Courts of the United States May Have Jurisdic-

tion of Suits to Recover Arrears of Alimony.. 102

Sec. 141. District Courts May Take Jurisdiction of Con-

demnation Suits Under State Laws.....

Sec. 139.

Sec. 140.

Sec. 142. Federal Courts May Not Under Section 24, Para-

graph 1, of the Judicial Code, Entertain an

Original Petition for a Mandamus..

What Does "Of a Civil Nature" Mean?..

In What Sense Does Paragraph 1, Section 24, Use

the Words "At Common Law"?..

Suits Under Lord Campbell's Act Are Suits "At

In What Sense Does Paragraph 1, Section 24, Use

the Phrase "In Equity"?...

State Legislation Cannot Limit the Equitable Ju-

risdiction of Federal Courts...

State Legislation Cannot Extend the Equitable

Jurisdiction of the Federal Courts Over Legal

A Federal Court of Equity May Not Set Aside a

Conveyance in Fraud of Creditors at Suit of

a Creditor Who Has Not a Lien.....

In Federal Courts Right of Trial by Jury Must be

Held Inviolate in What Were Cases at Com-

Mon Law

Sec. 151. Federal Courts May Enforce in Equity New

Rights Given by State Legislation When Such

Rights Are Essentially Equitable.......

The Effect of the New Equity Rules Upon the

Distinction Between Cases at Common Law

and in Equity....

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Where United States or One of Its Officers Sues,

Amount in Controversy Immaterial......... 113

PAGE

When Controversy is Between Citizens of the

Same State Claiming Lands Under Grants of

Different State Amount in Controversy is Im-

material...
... 113

District Courts Have No Jurisdiction in Other

Cases Mentioned in Paragraph 1, Section 24,

Judicial Code, Unless Upwards of $3,000 is in

Sec. 157. Changes in the Amount Required to be in Contro-

Sec. 158. In Determining Amount in Controversy, Interest

is Excluded Only When It is Claimed as Ac-

cessory to a Principal Demand...............

An Attorney's Fee Provided for in the Contract

is Part of Sum in Controversy and Not of the

Sec. 160. Difficulty of Precisely Valuing the Right or Thing

in Controversy Does Not Necessarily Defeat

Jurisdiction. . .

In Suits for Unliquidated Damages the Amount

in Controversy is Ordinarily the Sum Claimed

by Plaintiff ..

Even in a Suit for Unliquidated Damages, Plain-

tiff's Claim Not Necessarily Conclusive of the

Amount in Controversy...

In an Action Ex Contractu for Liquidated Dam-

ages the Amount in Controversy is the Liqui-

The Amount Recovered Does Not Determine Ju-

Jurisdiction May Exist Although Plaintiff's Dec-

laration Shows That There May be a Defense

to His Claim......

If Plaintiff Recovers Less Than $500. He Can-

not be Given Costs and May Have to Pay

Sec. 167. What is the Amount in Controversy When an In-

junction is Sought?....

Sec. 168. Distinct Claims Against Different Parties Cannot

be United to Give Jurisdiction. . . . . . .

Claims of Different Plaintiffs Against a Com-

mon Defendant Cannot Ordinarily be United

to Give Jurisdiction......

Sec. 170. When Plaintiffs Must Join, the Amount in Con-

troversy is the Aggregate of Their Claims.... 123

CASES ARISING UNDER THE CONSTITUTION, TREATIES OR

LAWS OF THE UNITED STATES.

Sec. 171. Only Certain Classes of Suits May be Brought in

Federal Courts Under Paragraph 1, Section

24, Judicial Code....

Cases Raising a Federal Question-History..

What Cases Raise a Federal Question?..

Existence of Federal Question Must Appear from

Plaintiff's Statement of His Own Case...... 125

Plaintiff Cannot Show Existence of Federal Ques-

tion by Alleging What Defenses Will be..... 126

Court Has Jurisdiction if Plaintiff in Good Faith

Sets Up a Federal Question.....

Whoever in a State Court Unsuccessfully Relies

Upon the Constitution, Treaties or Laws of the

United States, May Carry the Question to the

Sec. 178. Federal Court May Have Jurisdiction Whether

the Case Arises Under the Constitution, the

Laws or the Treaties of the United States... 127

Cases Arising Under the Constitution......
128

Cases Arising Under a Law of the United States. 129

Suits Upon Official Bonds of Officers of the United

States or Upon Bonds Taken in the Course of

Judicial Proceedings in the United States

Suits Against United States Officers for Acts Done

Under Color of Their Office.

Whenever a Federal Corporation is a Party the

Case Arises Under the Laws of the United

Statutory Exception of National Banks...

Cases Arising Under a Treaty of the United

Cases Involving a Federal Question and Not De-

pendent Upon the Amount in Controversy... 131

Subjects Already Discussed......

Subjects Not to be Here Discussed..

Cases Under the Revenue and Postal Laws...... 132

Cases Concerning Government Interest in Land.. 133

Jurisdiction for the Protection of Aliens and In-

Jurisdiction for the Protection of the Privilege

and Immunities of Citizens of the United

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