Author: Michael E. Solimine
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 192
Book Description
Examines major issues revolving around judicial federalism in the United States.
Respecting State Courts
Author: Michael E. Solimine
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 192
Book Description
Examines major issues revolving around judicial federalism in the United States.
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 192
Book Description
Examines major issues revolving around judicial federalism in the United States.
51 Imperfect Solutions
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Federal Court Basics
Author: The Administrative Office of the United
Publisher: CreateSpace
ISBN: 9781499313765
Category :
Languages : en
Pages : 76
Book Description
Federal Court Basics - Master the structure and function of federal and state courts. Discover the differences in structure, judicial selection, and cases heard in each system. The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems. The Judicial Branch has two court systems: federal and state. While each hears certain types of cases, neither is completely independent of the other. The two systems often interact and share the goal of fairly handling legal issues. The U.S. Constitution created a governmental structure known as federalism that calls for the sharing of powers between the national and state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. The federal court system deals with legal issues expressly or implicitly granted to it by the U.S. Constitution. The state court systems deal with their respective state constitutions and the legal issues that the U.S. Constitution did not give to the federal government or explicitly deny to the states. For example, because the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction. Likewise, since the Constitution does not give the federal government authority in most family law matters, a federal court would lack jurisdiction in a divorce case.
Publisher: CreateSpace
ISBN: 9781499313765
Category :
Languages : en
Pages : 76
Book Description
Federal Court Basics - Master the structure and function of federal and state courts. Discover the differences in structure, judicial selection, and cases heard in each system. The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems. The Judicial Branch has two court systems: federal and state. While each hears certain types of cases, neither is completely independent of the other. The two systems often interact and share the goal of fairly handling legal issues. The U.S. Constitution created a governmental structure known as federalism that calls for the sharing of powers between the national and state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. The federal court system deals with legal issues expressly or implicitly granted to it by the U.S. Constitution. The state court systems deal with their respective state constitutions and the legal issues that the U.S. Constitution did not give to the federal government or explicitly deny to the states. For example, because the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction. Likewise, since the Constitution does not give the federal government authority in most family law matters, a federal court would lack jurisdiction in a divorce case.
The State Courts
Author: Robert A. Carp
Publisher: SAGE
ISBN: 1483305112
Category : Political Science
Languages : en
Pages : 240
Book Description
In this new adaptation from their classic Judicial Process in America, Carp, Stidham, and Manning provide a comprehensive look at state judicial systems. They place the various state court systems within the overall political and judicial framework and examine recent events in, and policymaking by, state courts.
Publisher: SAGE
ISBN: 1483305112
Category : Political Science
Languages : en
Pages : 240
Book Description
In this new adaptation from their classic Judicial Process in America, Carp, Stidham, and Manning provide a comprehensive look at state judicial systems. They place the various state court systems within the overall political and judicial framework and examine recent events in, and policymaking by, state courts.
Removal of Causes From State Courts to Federal Courts
Author: John Forrest Dillon
Publisher: Forgotten Books
ISBN: 9780656285563
Category : Law
Languages : en
Pages : 122
Book Description
Excerpt from Removal of Causes From State Courts to Federal Courts: With Forms Adapted to the Several Acts of Congress on the Subject This statute, as found in sec. 640 of the Revised Statutes, is as follows Any suit commenced in any court other than a Circuit or District court of the United States against any corporation other than a banking cor poration, organized under a law of the United States, or against any member thereof as such member, for any alleged liability of such corpo ration, or of such member as a member thereof, may be removed, for trial, in the Circuit court for the district where such suit is pending, upon the petition of such defendant, verified by oath, stating that such defendant has a defense arising under or by virtue of the Constitution or of any treaty or law of the United States. Such removal, in all other respects, shall be governed by the provisions of the preceding section. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Publisher: Forgotten Books
ISBN: 9780656285563
Category : Law
Languages : en
Pages : 122
Book Description
Excerpt from Removal of Causes From State Courts to Federal Courts: With Forms Adapted to the Several Acts of Congress on the Subject This statute, as found in sec. 640 of the Revised Statutes, is as follows Any suit commenced in any court other than a Circuit or District court of the United States against any corporation other than a banking cor poration, organized under a law of the United States, or against any member thereof as such member, for any alleged liability of such corpo ration, or of such member as a member thereof, may be removed, for trial, in the Circuit court for the district where such suit is pending, upon the petition of such defendant, verified by oath, stating that such defendant has a defense arising under or by virtue of the Constitution or of any treaty or law of the United States. Such removal, in all other respects, shall be governed by the provisions of the preceding section. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Treatise Upon the United States Courts and Their Practice
Author: Benjamin Vaughan Abbott
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 680
Book Description
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 680
Book Description
Reports of the Proceedings
Author:
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 634
Book Description
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 634
Book Description
An Ordinance Respecting the Jurisdiction of the Courts of this State, Passed by the State Constitutional Convention, February 5th, 1868
Author: North Carolina. Constitutional Convention
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 1
Book Description
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 1
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
State Courts, Options for the Future
Author: Victoria S. Cashman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 68
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 68
Book Description