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Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason. [3] Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial.
While a single case can only be heard by one circuit court, a core legal principle may be tried through multiple cases in separate circuit courts, creating an inconsistency between different parts of the United States. This creates a split decision among the circuit courts. Often, if there is a split decision between two or more circuits, and a ...
Most of these cases involve disputes over state boundaries and water rights, but others center on tax or interstate pollution issues. [1]: 20 The court has tended to decline other kinds of cases arising from disputes between the states. [6] Examples of such cases include the 1892 case of United States v.
Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.
Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), [1] was a case that has played an important role in the evolution of American contract law involving the doctrine of mutual mistake. One of the main issues in the case was whether the remedy of rescission is available if both parties to a contract share a misunderstanding about an essential fact. [2]
Collaborative law, also known as collaborative practice, divorce, or family law, [1] is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals including lawyers, divorce coaches, and financial professionals to achieve a settlement that meets the needs of both parties and their children without ...
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
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 ...