Jurisdiction is a power of the court to hear or decide a case. Subject matter jurisdiction basically provides that whether a federal court can rule on the subject matter of a case. An example of this principle is a probate of will case wherein it can only be decided by the court a quo. A federal question jurisdiction means that federal courts will process trial of cases that involve questions pointing on the constitution or other federal rules or laws.
Diversity jurisdiction means that federal law also authorizes federal courts to try and decide lawsuits wherein the opposing parties belong to different states. Pendent and Ancillary Jurisdiction Pendent jurisdiction is a joint cause of action arises out of the common nucleus of operative facts as a cause of action with an independent source of federal jurisdiction while ancillary jurisdiction means that it is a joint cause of action which arises out of the common nucleus of operative facts as a cause of action with an independent source of federal jurisdiction.
Removal Jurisdiction In the law of the United States, removal jurisdiction means that it is the right of a defendant to bring a case filed in a state to the federal district court of the original court’s district. In this case, the plaintiff cannot choose to make decision on the proper forum of the case. Venue Venue is always proper in the state where the defendants and plaintiffs resides an in accordance with the rules on civil and criminal cases regarding venue. Venue is the place where the case is tried or decided by the court. Forum Non Conveniens
Forum non conveniens means inconvenient forum. It refers to a situation wherein the venue of deciding a case is not convenient of one of the parties. A party is required to prove that the venue is not convenient for him so that the judge could allow to transfer or decline to try the case based on the principle of forum non conveniens.
Law Applied in the Federal Courts including Erie Doctrine The Erie doctrine is a basic legitimate principle of civil procedure in the legal system of the United States which was taken from the case of Erie Railroad Co. v. Tompkins in the year 1938. It was Supreme Court Justice Louis Brandies who decided the sai d case. His opinion in the aforementioned case remained his most influential decision and is even cited always in different cases regarding federal judicial opinions. Erie doctrine means that a federal court sitting in diversity jurisdiction over a state law claim must use state substantive common law in resolving the dispute. Federal Law in the State Courts
The judicial system in the United States is distinctive as it is in reality composed of two dissimilar court systems which are the federal court system and the state court systems. While it is true that each court system is accountable for considering definite kinds of lawsuits, neither is entirely autonomous of the other, since both systems often work together. Moreover, resolving lawful controversies and redressing lawful constitutional rights are central objectives of the two court systems. Abstention
Abstention refers to a process when a participant in a vote either does not go to vote during election day or with respect to parliamentary procedure, is not absent during election but does not cast a ballot. Habeas Corpus for State Prisoners Habeas corpus is a writ given to a public official by the court as an order for the release of a prisoner. Federal Injunctions against State Court Proceedings Injunction is an order released by the federal court for a party ordering the same to perform or not to perform a particular act as opposed to judgment involving money.
It is a relief granted by the court to an individual for his own advantage and protection. Eleventh Amendment Federal Injunctions against State Court Proceedings The Eleventh Amendment to the United States Constitution confers extraordinary protection upon the states: immunity from suit in federal court without their consent. ‘ Although old, as constitutional doctrine goes,’ ascertaining to what extent the Eleventh Amendment incorporates the common-law principle of sovereign immunity’ is the subject of a truly tortured line of cases.
Eleventh Amendment The provisions of the eleventh amendment of the Constitution give limitations of power of federal courts to try cases against state governments brought by the people of another state or the people of a foreign country. The amendment is also interpreted as a bar for federal courts from deciding cases filed by the people of the state being sued and cases brought out by the government of another country.