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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.
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 ...
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 U.S. federal court system hears cases involving litigants from two or more states, violations of federal laws, treaties, and the Constitution, admiralty, bankruptcy, and related issues. [2] In practice, about 80% of the cases are civil and 20% criminal. [ 1 ]
The United States District Court for the Southern District of Florida is one of three federal judicial districts in Florida. [10] The District has five divisions: Fort Pierce Division comprises the following counties: Highlands, Okeechobee, Indian River, St. Lucie, and Martin. [11] West Palm Beach Division comprises Palm Beach County. [11]
Whether within the intent of Congress or not when adopting 28 USC 724 (1934), the situation was effectively reversed in 1938, [2] the year the Federal Rules of Civil Procedure took effect. Federal courts are now required to apply the substantive law of the states as rules of decision in cases where state law is in question, including state ...
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This is an accepted version of this page This is the latest accepted revision, reviewed on 21 December 2024. Constitution of the United States The United States Congress enacts federal statutes in accordance with the Constitution. The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal ...
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