Tag: Jurisdiction
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Enforcement of Judgments
Jurisdiction: A Prerequisite to Enforcement of JudgmentsThe jurisdictional question arises both in connection with judgments in personam against nonresident defendants to whom it is alleged personal service was not obtained in the state originating the judgment and in relation to judgments in rem ag…
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Judgments in Personam
Judgments in PersonamWhen the subject matter of a suit is merely the defendant's liability, it is necessary that it should appear from the record that the defendant has been brought within the jurisdiction of the court by personal service of process, or by his voluntary appearance, or that he ha…
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Service on Foreign Corporations
Service on Foreign CorporationsIn 1856, the Court decided Lafayette Ins. Co. v. French,37 a pioneer case in its general class. It held that, where a corporation chartered by the State of Indiana was allowed by a law of Ohio to transact business in the latter state upon the condition that service of …
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Service on Nonresident Motor Vehicle Owners
Service on Nonresident Motor Vehicle OwnersBy analogy to the above cases, it has been held that a state may require nonresident owners of motor vehicles to designate an official within the state as an agent upon whom process may be served in any legal proceedings growing out of their operation of a …
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Judgments in Rem
Judgments in RemIn sustaining the challenge to jurisdiction in cases involving judgments in personam, the Court in the main was making only a somewhat more extended application of recognized principles. In order to sustain the same kind of challenge in cases involving judgments in rem it has had to …
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Real Interest
The Requirement of a Real InterestAlmost inseparable from the requirements of adverse parties and substantial enough interests to confer standing is the requirement that a real issue be presented, as contrasted with speculative, abstract, hypothetical, or moot issues. It has long been the Court'…
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Jurisdiction Controversies
Judicial Power and Jurisdiction-Cases and ControversiesThe potential for abuse of judicial power was of concern to the Founding Fathers, leading them to establish limits on the circumstance in which the courts could consider cases. When, late in the Convention, a delegate proposed to extend the judi…
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Advisory Opinions
Advisory OpinionsIn 1793, the Court unanimously refused to grant the request of President Washington and Secretary of State Jefferson to construe the treaties and laws of the United States pertaining to questions of international law arising out of the wars of the French Revolution.<a name=t1 href=#…
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Jurisdiction Cases
The Two Classes of Cases and ControversiesBy the terms of the foregoing section, the judicial power extends to nine classes of cases and controversies, which fall into two general groups. In the words of Chief Justice Marshall in Cohens v. Virginia: 1…
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Declaratory Judgments
Declaratory JudgmentsRigid emphasis upon such elements of judicial power as finality of judgment and award of execution coupled with equally rigid emphasis upon adverse parties and real interests as essential elements of a case and controversy created serious doubts about the validity of any federal…
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Adverse Litigants
Adverse LitigantsThe presence of adverse litigants with real interests to contend for is a standard which has been stressed in numerous cases,1 and the requirement implicates a number of complementary factors making up a justiciable suit. The require…
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Ripeness
RipenessJust as standing historically has concerned who may bring an action in federal court, the ripeness doctrine concerns when it may be brought. Formerly, it was a wholly constitutional principle requiring a determination that the events bearing on the substantive issue have happened or are suff…
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Collusive Suits
Collusive and Feigned SuitsAdverse litigants are lacking in those suits in which two parties have gotten together to bring a friendly suit to settle a question of interest to them. Thus, in Lord v. Veazie,1 the latter had executed a deed to the forme…
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Mootness
MootnessA case initially presenting all the attributes necessary for federal court litigation may at some point lose some attribute of justiciability and become "moot." The usual rule is that an actual controversy must exist at all stages of trial and appellate consideration and not simply…
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Stockholder Suits
Stockholder SuitsMoreover, adversity in parties has often been found in suits by stockholders against their corporation in which the constitutionality of a statute or a government action is drawn in question, even though one may suspect that the interests of plaintiffs and defendant are not all that…