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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 ...
For example, suppose State X has a law that limits recovery in a tort suit, and state Y has no such limit. A plaintiff from State X suing a defendant from State Y will want the rule of State Y to apply rather than the limit imposed by state X; the defendant will want the State X's limit to apply. In such a case, the law of the forum will prevail.
In the United States, salient issues in the field of conflict of laws date back at least to the framing of the Constitution. There was concern, for example, about what body of law the newly created federal courts would apply when handling cases between parties from different states [21] (a type of case specifically assigned to the federal ...
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another ...
Where a wide new class of distinguished cases is made, such as distinguishing all cases on privity of contract law in the establishment of the court-made tort of negligence or a case turns on too narrow a set of variations in facts ("turns on its own facts") compared to the routinely applicable precedent(s), such decisions are at high risk of being successfully overruled (by higher courts) on ...
Article III, Section 2, Clause 1 of the Constitution states: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to ...
If a case is originally filed in a state court, and the requirements for federal jurisdiction are met (diversity and amount in controversy, the case involves a federal question, or a supplemental jurisdiction exists), the defendant (and only the defendant) may remove the case to a federal court. A case cannot be removed to a state court.
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of ...