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Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity ...
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts.
Congress has established a procedure whereby a party, typically the defendant, can "remove" a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter (meaning that the case could have been filed in federal court initially). [16]
The 1875 Act was the culmination of a series of acts that expanded the authority of the federal judiciary after the American Civil War.Headed "An Act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes", [1] it granted the U.S. circuit courts the jurisdiction to hear all cases arising under the ...
For example, the Federal Judicial Center has noted the "establishment by federal judges of rules of decision that diverged from those of the state courts." [6] And "federal courts are widely considered to be more business-friendly than state courts." [10] As a result, removal to federal court is a "typical corporate tactic." [10]
Even the court’s staunchly conservative chief judge signaled that the state-to-federal “removal” procedure might not apply to former federal officials like Meadows because state charges ...
In a court hearing over the barrier near Eagle Pass, the U.S. Justice Department argued it was installed without federal authorization, while lawyers for the state said it notified the proper ...
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.. The United States is a federal republic, governed by the U.S. Constitution, containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction.