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

Cărți

Imagini ale paginilor

PROCEDURE OF FEDERAL COURTS WHEN SITTING AS

COURTS OF EQUITY.

Sec. 416. General Equitable Procedure........

Whether a Plaintiff Has a Remedy at Law De-

pends on Whether He Had Such Remedy in

Sec. 418. Federal Courts of Equity May Enforce New Equi-

table Remedies for Equitable Rights...... 279

Sec. 419. Federal Equity Procedure Uniform Throughout

Sec. 420. Equity Rules of Supreme Court Regulate Fed-

eral Equity Procedure.

The New Equity Rules....

Technical Forms of Equity Pleading Abolished.. 281

Pleas and Demurrers in Equity Are Abolished... 283

Must Answer Within Five Days After Denial of

Cross Bills Abolished, Counter-Claims in Answer

Substituted. . .

Sec. 431. What Affirmative Claims May Defendant in His

Equity Suit May be Turned Into a Suit at Law... 286

No Longer Necessary to Send Legal Issue to Law

Time Within Which Depositions Must be Filed.. 287

Expert Testimony in Patent and Trade-Mark

Reference to Special Masters Discouraged.....

Beginning Proceedings Before Special Master... 289

Proceedings Before Special Master.....

PAGE

Sec. 450. Clerk May Make Orders in Course..

Sales Under Equity Decrees by the Federal

THE SUBSTANTIVE LAW APPLIED BY THE FEDERAL

Sec. 452. The Substantive Law Applied by the Federal

Courts to Cases Within Their Exclusive Ju-

risdiction. . .

Sec. 453. Substantive Law Applied by the Federal Courts

to Cases in Which Their Jurisdiction is Con-

current With Courts of the States....

Federal Courts Apply State Law.....

State Statutes Rules of Decision in Common Law

Trials in Federal Courts.....

Sec. 456. Federal Courts Are Bound by the Construction

Given by the Highest Court of the State to

Its Constitution and Statutes....

Sec. 457. Applicable State Statutes Will be Enforced by

Federal Courts Sitting in Equity Where the

Demarcation Between Law and Equity is Not

Sec. 458. Section 721 Has Application to Substantive Law

and Not to Procedure.....

When It is Claimed That the State Has Im-

paired the Obligation of a Contract the Deci-

cisions of the State Courts as to the Construc-

tion of a Statutory or Constitutional Provi-

sion Are Not Always Binding on Federal

Courts..
... 297

Sec. 460. State Court Construction of State Statutes Made

After a Case Has Been Brought in the Fed-

eral Courts Not Binding Upon It..... . . .

Sec. 461. "Laws" of the State Do Not Always Include Its

Reasons Why Supreme Court Will Not in Some

Matters Follow State Decisions....

APPELLATE JURISDICTION OF THE COURTS OF THE UNITED

STATES-DIRECT APPEALS FROM DISTRICT

COURTS TO SUPREME COURT.

Sec. 463. Two Methods of Initiating Appellate Proceedings. 302

Sec. 464. Courts Over Which the Appellate Jurisdiction of

the Federal Courts May be Exercised....... 302

PAGE

Jurisdiction of the Circuit Court of Appeals..... 302

Jurisdiction of the Supreme Court Over Direct

Appeals from the District Courts....

Sec. 467. When the Jurisdiction of the District Court is in

Sec. 468. The Issue Must be as to the Jurisdiction of a Dis-

trict Court as a Court of the United States.. 304

Whether Defendant is Liable to Suit in the Partic-

ular District Raises a Question of Jurisdic-

tion Which Can be Carried Directly to the

Whether Defendant Has Been Properly Served

With Process Raises a Question of Jurisdic-

tion Appealable to the Supreme Court....... 307

Sec. 471. Direct Appeal to the Supreme Court as to Juris-

diction Carries Up That Question Only...... 307

Same Party Cannot Take Two Appeals-One on

the Jurisdiction, the Other on the Merits.... 308

When Appeal is Taken to the Circuit Court of

Appeals on the Jurisdiction and Other Ques-

tions, the Circuit Court of Appeals May, But

Need Not, Certify the Question of Jurisdic-

Sec. 474. Lower Court Must Certify to Question of Juris-

Sec. 475. Such Certificate Must be Granted Within the

Term at Which the Final Decree Was Made. 310

When Decree Constitutes Sufficient Certificate,

Appeal May be Taken at Any Time Within

Direct Appeal from Final Decree in Prize Cases. 310

Direct Appeals in a Case Involving the Construc-

tion or Application of the Constitution of the

Sec. 479. In a Direct Appeal to the Supreme Court the Con-

stitutional Question Must be Controlling.... 311

When Construction or Application of Constitution

Controls, Supreme Court Passes on All Ques-

tions in the Case.....

Sec. 481. Where the Construction or Application of the Con-

stitution is the Only Question in the Case,

No Appeal May be Taken to the Circuit Court

Sec. 482. The Statute Does Not Permit Two Appeals from

Sec. 483. Constitutional Question is Not Involved Unless It

is Clearly Raised Below...

Sec. 484. Cases in Which the Constitutionality of Any Law

of the United States is Drawn in Question.. 313

Cases in Which the Validity or Construction of

Any Treaty of the United States is Drawn in

PAGE

A Case in Which the Constitution or Law of a

State is Claimed to be in Contravention of

the Constitution of the United States....... 313

Direct Appeals by Government in Criminal Cases. 314

A Direct Appeal Under the Act of 1907 is Lim-

ited to a Review of the Special Questions

Enumerated in the Statute.....

Sec. 489. Direct Appeals Under the So-Called Expedition

Sec. 490. The Expedition Act is Not Repealed by the Judi-

Sec. 491. Appeals from Interlocutory Injunctions to Sus-

pend State Statutes or Orders of Administra-

APPEALS TO THE CIRCUIT COURT OF APPEALS.

Jurisdiction of the Circuit Court of Appeals..... 319

The Appellate Jurisdiction of a Circuit Court of

Appeals Does Not Usually Depend Upon the

Amount in Controversy.

Sec. 494. Appeals on the Facts May be Taken from Deci-

sions in Bankruptcy Proceedings in Three

Classes of Cases Only....

In What Cases the Decisions of the Circuit Courts

of Appeals Are Final.......

Do.-Under the Federal Trade-Mark Laws...

Do.-In Cases in Which Federal Jurisdiction is

Based Solely on Diverse Citizenship.....

In Criminal Cases It is Only the Defendant Be-

low Who May Invoke the Jurisdiction of a

Circuit Court of Appeals....

Decisions of Circuit Courts of Appeal Are Final in

All Cases in Which the Amount in Contro-

versy Does Not Exceed $1,000....

How the Amount in Controversy is Determined

for Purposes of Appeal.. . . .

Sec. 501. Amount in Controversy Where Defendant Makes

a Counter-Claim ....

An Order of the Circuit Court of Appeals Allow-

ing or Rejecting a Claim Exceeding $2,000.,

May Under Some Circumstances be Appeal-

WRITS OF ERROR FROM SUPREME COURT TO STATE

Sec. 504. Section 25 of the Judicial Act of Sept. 24, 1789.. 326

Sec. 505. Right to Review is Confined to Questions Which

Affect the Boundary Between Federal and

State Sovereignty.

When the Federal Question is Involved, the Right

of Review is Not Limited to Any Particular

Kind of Suit, Nor is the Amount in Contro-

Sec. 507. The Various Classes of Cases in Which the Su-

preme Court May Issue Writs of Error to

Sec. 508. When is the Validity of a Treaty or Statute or an

Authority Exercised Under the United States

Drawn in Question?........

Sec. 509. When is the Validity of an Authority Exercised

Under the United States Drawn in Question?. 330

When is the Validity of a Statute of a State or of

an Authority Exercised Under Any State.

Drawn in Question on the Ground That It is

Repugnant to the Constitution, Treaties or

Laws of the United States?.....
331

Cases Where a State Court Decision is Against a

Title, Right, Privilege or Immunity Espe-

cially Set Up or Claimed Under the Constitu-

tion or a Treaty or Statute of the United

States or a Commission or Authority Held or

Exercised Thereunder

In the Third Class of Cases Provided for by Sec-

tion 237, a Writ of Error Will Not Lie Unless

the Plaintiff in Error Has Specifically Set

Up His Claim in the State Court, and it Has

Been There Denied......

How Claim of Right Must be Specifically Set Up.. 334

The Supreme Court Has Jurisdiction Only When

the State Court Has Denied the Federal

Sec. 515. Plaintiff in Error is Not Entitled to a Writ from

Supreme Court Until He Has Carried the

Case to the Highest Court of the State to

Which He Can Take It.....

Sec. 516. Rule in Cases in Which a Higher State Court

May or May Not Allow an Appeal from a

Sec. 517. The Supreme Court Has Jurisdiction to Pass on

the Federal Question Only.....
338

« Înapoi Continuă »