Courts Commons^™

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

Pendent Personal Jurisdiction In The Federal Courts, William D. Ferguson

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle

Michigan Law Review

Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …

Federal Courts--Diversity Jurisdiction Of Foreign Corporations, Charles Marion Love Iii

West Virginia Law Review

No abstract provided.

A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

The Powers Of Home Rule Cities In Colorado, Howard C. Klemme

Publications

No abstract provided.

The Constitution And Preclusion/Res Judicata, Allan D. Vestal

Michigan Law Review

The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.

Michigan Law Review

This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.

Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed.

Michigan Law Review

The Consul General of Venezuela filed a complaint in a federal district court, pursuant to treaty and statute, seeking the extradition of former President Perez Jimenez for the crimes of murder and embezzlement. While the required extradition hearings were pending, Venezuela sought to use the civil deposition and subpoena procedure8 to compel several New York banks to produce records of deposits and to give depositions concerning the accounts of Jimenez and his alleged confederates. Jimenez moved for a protective order' to prevent Venezuela from obtaining and using these records as evidence against him in the extradition hearings. On appeal from …

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.

Michigan Law Review

In 1956 plaintiff corporation brought a private antitrust action against various persons and corporations in a federal district court in Pennsylvania. Service was made upon defendant corporations by means of alias summonses in New York where they were amenable to suit. Since defendant corporations were not inhabitants of, "found," or transacting business in Pennsylvania, venue was improper there and the extraterritorial service of- process provision of the Clayton Act was not available to plaintiff. Defendant corporations moved to dismiss for lack of in personam jurisdiction. Instead, however, the court, invoking section 1406(a) of the Judicial Code, transferred the action in …

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

Equity -- 1961 Tennessee Survey (Ii), T. A. Smedley

Vanderbilt Law Review

During the current survey period, each of the higher Tennessee courts has been called upon to exercise its injunctive powers in significant and perplexing types of controversies. The court of appeals for the western section had to decide whether to take the risk of interfering in a bitter dispute between opposing factions of a church which had been torn by interfraternal strife for several years. In the middle section court of appeals an injunction was sought to restrain a store owner from operating his business under the name of a former manager of the store who had left this position …

Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.

Michigan Law Review

Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …

No-Strike Clauses In The Federal Courts, Frank H. Stewart

Michigan Law Review

One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.

Attachment And Garnishment In The Federal Courts, Brainerd Currie

Michigan Law Review

Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …

Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood

Michigan Law Review

Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …

"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London

Michigan Law Review

Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …

Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Habeas Corpus - Jurisdiction - Exhaustion Of State Remedies As Prerequisite To Federal Relief, John D. Kelly S.Ed.

Michigan Law Review

Petitioner, a prisoner of the Commonwealth of Pennsylvania convicted of armed robbery in 1947, filed a petition for a writ of habeas corpus in federal district court after several efforts to secure the writ in a state court had been unsuccessful. Jurisdiction was based on exhaustion of available state remedies. The petition alleged that the Commonwealth had violated petitioner's rights under the due process clause of the Fourteenth Amendment by denying him the right to be represented by counsel at his trial. The Commonwealth moved to dismiss on the ground that the petition on its face showed that state remedies …

Federal Practice - Venue - Applicability Of General Venue Satute To Defendant Brought Into A Case After Removal From The State Court, Nick E. Yocca S.Ed.

Michigan Law Review

Plaintiffs, citizens of Missouri, originally brought suit in an Alabama state court against D1, a citizen of Virginia, and D2, a citizen of Minnesota, to recover for injuries sustained in an automobile accident which occurred in Alabama. After defendants had removed to the federal district court, plaintiffs amended their complaint to include D3, a citizen of Florida, service of process having been made in accordance with the Alabama nonresident motorist statute. By special appearance, D3 moved for dismissal because of improper venue. Held, motion granted and cause dismissed as to D3. While the original action was removed from the …

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.

Michigan Law Review

In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …

Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.

Michigan Law Review

Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …