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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.
First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear.
Courts exercising the judicial power are called "constitutional courts." However, because Congress controls the budget, jurisdiction, and structure of the federal courts, the judiciary as a branch is better described as largely dependent on Congress rather than independent of it.
Article III courts (also called Article III tribunals) are the U.S. Supreme Court and the inferior courts of the United States established by Congress, which currently are the 13 United States courts of appeals, the 91 United States district courts (including the districts of D.C. and Puerto Rico, but excluding the territorial district courts of the Northern Mariana Islands, Guam, and the ...
Until 1938, federal courts in the United States followed the doctrine set forth in the 1842 case of Swift v.Tyson. [2] In that case, the U.S. Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different U.S. states) had to apply the statutory law of the states, but not the common law developed by ...
Some have argued that judicial review exclusively by the federal courts is unconstitutional [72] based on two arguments. First, the power of judicial review is not delegated to the federal courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.
The Article I courts with original jurisdiction over specific subject matter include the bankruptcy courts (for each district court), the Court of Federal Claims, and the Tax Court. Article IV courts include the High Court of American Samoa and territorial courts such as the District Court for the Northern Mariana Islands , District Court of ...
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]