Diversity of citizenship jurisdiction/magistrates reform, 1979: hearings before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, first session, on H.R. 1046 and H.R. 2202 ... February 28, March 1, and 8, 1979
United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
U.S. Government Printing Office, 1979 - 406 sidor
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abolishing abolition action additional Administration amended American amount ancillary appeals apply appointed areas Association authority basis bill caseload circuit citizens citizenship civil claim Committee complete concern Conference Congress consent constitutional continue controversy created criminal decision defendant determine district court diversity jurisdiction effect elimination existing fact federal courts federal district federal jurisdiction federal question filed Hearings House important Improvements increase independent injury involving issue judges judicial Judiciary jury Justice KASTENMEIER lawyers legislation less limited litigation magistrates matters Michigan Moore Office original parties percent plaintiff position possible practice prejudice present problems procedures proposed reason removal Report Representatives requirement resident result rule selection Senate serve situation statement statute Subcommittee suggest suits supra note Supreme Court tion tort trial United
Sida 255 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Sida 207 - The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Sida 186 - State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (4) "intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.
Sida 246 - States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
Sida 280 - Before the Subcomm. on Courts, Civil Liberties, and the Administration of Justice of the House Comm. on the Judiciary, 96th Cong., 2d Sess., Ser.
Sida 300 - Before the Subcomm. on Improvements in Judicial Machinery of the Senate Comm. on the Judiciary, 93rd Cong., 2d Sess.
Sida 245 - The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided...
Sida 240 - Diversity of citizenship; amount in controversy. (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $3000 exclusive of interest and costs,* and is between: ( 1 ) Citizens of different States...
Sida 163 - State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated...
Sida 390 - ... is a trial by a jury of twelve men, in the presence and under the superintendence of a judge empowered to instruct them on the law and to advise them on the facts and (except on acquittal of a criminal charge) to set aside their verdict if in his opinion it is against the law or the evidence.