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Nichols, 414 U.S. 563 (1974), [1] a case decided by the U.S. Supreme Court, school districts in this country are required to take the necessary actions in order to provide students who do not speak English as their first language the ability to overcome the educational barriers associated with not being able to properly comprehend what is being ...
After the federal courts held numerous acts of New Deal legislation unconstitutional, they did not issue nationwide injunctions. Sometimes over a thousand individual injunctions were granted with regard to a single provision, as each plaintiff brought suit to ensure that the statute could not apply to them.
The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction. The federal Constitution created a "plurilegal federal union" in which there are four types of conflicts between different legal systems: federal vs. state, federal vs. foreign, state vs. state, and state vs. foreign. [1]
The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in ...
Decisions of the two courts of last resort on questions of law are binding on all state courts, and are also followed by federal courts when they hear cases governed by Texas state law. The federal courts sitting in Texas apply state law when the case is not controlled by federal law or by the law of another jurisdiction based contractual ...
Federal court rules require a court to accept "all well-pleaded allegations" as true and to construe the factual allegations in the light most favorable to the plaintiff, so as to focus its review of a Rule 12(b)(6) motion on testing the legal sufficiency of the complaint. [6]
As unrelenting heat set in across Texas this summer, opponents of a sweeping new law targeting local regulations took to the airwaves and internet with an alarming message: outdoor workers would ...
Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...