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 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 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. 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 said 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. 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 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 is a writ given to a public official by the court as an order for the release of a prisoner.

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. 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.

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.

References

Cornell Education. (2008). Supreme Court Jurisdiction. Retrieved August 18, 2008, from www. law. cornell. edu/uscode/28/ch81. html - 10k.