Law Commons^™

Jurisdiction Of United States District Courts In Multiple-Claim Cases, Thomas F. Green Jr.

Vanderbilt Law Review

The jurisdictional problem peculiar to a case which involves more than one claim is: Shall the court entertain the entire action when it would have jurisdiction of one or more of the claims, but not all, if they were sued separately?' The application of this question to the United States district courts raises conflicting considerations. On the one hand is the fact that most of the claims which would not be within federal jurisdiction if sued alone, present questions of state rather than federal law. In general the more appropriate tribunals to deal with such questions in the first instance …

Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman

Vanderbilt Law Review

Why should we have federal district courts? What should be their primary function? These questions are fundamental to the formulation of a rational basis for the distribution of judicial power between state courts and the trial courts of the federal government.

Our American federal system seeks as a constant objective an appropriate division of governmental power between a national unit, which deals with problems requiring uniform treatment, and state units, which have responsibility for problems depending more upon local conditions. Applying the principle to the federal district courts, it seems clear that their primary function should be to adjudicate federal …

A Symposium On Federal Jurisdiction And Procedure: Forward, Joseph C. Hutcheson Jr.

Vanderbilt Law Review

"A law suit has always been an adversary proceeding and it probably always will be..." "The trial being considered, therefore, as an adversary proceeding, the necessity for the adoption of rules for its conduct which will keep the fight out in the open, give the opponents equal opportunity, and prevent judicial ambuscade, is imperative.'

Venue And Service Of Process In The Federal Courts -- Suggestions For Reform, Edward L. Barrett Jr.

Vanderbilt Law Review

In prescribing the rules governing the place of trial of actions commenced in the federal district courts, Congress might reasonably have been expected to follow one of two courses. On the one hand, it might have treated the continental United States as a single jurisdiction. On this basis service of process would have been permitted throughout the United States, venue rules would have been designed to channel litigation into the most convenient district, and provision would have been made for a motion for change of venue to be granted whenever the suit was commenced in a district which did not …

Jury Trial In Chancery Court In Tennessee, Frank C. Ingraham

Vanderbilt Law Review

Tennessee has since 1827 maintained, in some degree, a separate court of equity, presided over by a chancellor. Though most states have abolished the procedural distinction between cases in law and suits in equity, Tennessee still retains this dichotomy in its court system. Prior to 1827 law and equity were dispensed in Tennessee by a single court of general jurisdiction, the Superior Court of Law. This practice grew out of the North Carolina Act of 1782 and the continuation of that Act by the First Territorial Legislature in 1794, both of which gave equity jurisdiction to the Superior Court of …