Relations between the Federal and State Courts

By Mitchell Wendell | Go to book overview

INDEX
Alien and Sedition Laws, 36
Anti-Trust Laws, 16, 232-233
Appeal (see writ of error) Attractive nuisance, 168-169
Bankruptcy, :238-239, 277
Brazil, judicial system, 19
Certiorari, power of Supreme Court to limit, 18, 253-254
Cherokee Nation, 42
Circuit courts, abolition of, 253; jurisdiction of, 253
Circuit Courts of Appeals, 17, 253
Circuit Courts of Appeals Act, 253
Civil rights, 262, 263-264, 267-268, 275
Common Law, codification of, 139, 163; federal, 118, 134-135, 201, 232-247
Conformity Act, 228
Diversity jurisdiction, attempts to defeat, 99-111; effect of change in citizenship, 77.; generally, 28, 71- 91; improper joinder of parties, 73-74; jurisdictional amount, 101- 102, 249-251; pretended assignments, 72-73; proposals to abolish, 249-253, 263, 265; territories, 254; use by corporations, 77-91
Diversity jurisdiction (see Domicile)
Domicile, as creating diversity of citizenship, 74-77; definition, 75
Ellsworth, Oliver, resignation from Supreme Court, 27
Emergency Price Control Act, 17, 280-282
English courts, apply foreign law, 115
English courts, divergent common law, 135
English Courts, reputation in America, 184
Equitable abstention, 56-58
Expropriation laws, 29, 39
Fair Labor Standards Act, 17, 280, 281, 282, 283
Federal common law (see Common law) Federal Communications Act, 244- 245
Federal courts, creation of, 28; early lack of prestige, 26-27; enforcement of judgments, 26; equity jurisdiction, 116, 225, 282; jurisdiction in piracy, 26; location of, 95-97; overburdening of, 17, 251-254, 256-257, 278; power of Congress to create and abolish, 19, 28; potential and actual jurisdiction distinguished, 28; under Federalist control, 25, 35
Federal Employers' Liability Act, 203, 204, 239, 279-280, 283; (see Removal of cases) Federal question, as ground of federal jurisdiction, 28, 50-70; must appear in complaint, 61-66; national incorporation, 51-52; substantive tests, 66-69
Federal Rules of Civil Procedure, 228-229
Forum non conveniens, meaning of, 201-203; use by federal courts, 203, 207
Freight rates, 261
Full Faith and Credit, 271-274
Holland company, effect of Pennsylvania law upon, 31; land settlements, 31
Improper joinder of parties (see Diversity jurisdiction) Indian affairs, 278
Internal improvements, corruption, 147-148; public credit, 144-149; unprofitable character of, 146-148
Interstate compact, 104-105, 243
Johnson Act, 55
Judicial business, increase in administrative agencies and the courts, 16-17; increase in private lawsuits, 17-18
Jurisdictional amount (see Diversity jurisdiction)
Labor unions, 266-267
Law, judicial decisions as evidence of, 123-125, 152, 200-201
Litigation, public significance of, civil suits by or against government, 13-14; criminal cases, 13;

-297-

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