Tag: Original Jurisdiction
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Comity
ComityComity.-"[T]he notion of 'comity,' " Justice Black asserted, is composed of "a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the Nati…
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Abstention
AbstentionPerhaps the fullest expression of the concept of comity may be found in the abstention doctrine. The abstention doctrine instructs federal courts to abstain from exercising jurisdiction if applicable state law, which would be dispositive of the controversy, is unclear and a state court int…
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State Remedies
Exhaustion of State RemediesA complainant will ordinarily be required, as a matter of comity, to exhaust all available state legislative and administrative remedies before seeking relief in federal court.1 To do so may make unnecessary federal-court …
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Original Jurisdiction
Clause 2. Original and Appellate JurisdictionIn all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdicti…
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Anti-Injunction Statute
Anti-Injunction StatuteFor reasons unknown,1 Congress in 1793 enacted a statute to prohibit the issuance of injunctions by federal courts to stay state court proceedings.2 Over time, a long list of ex…
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Original Jurisdiction of the Supreme Court
The Original Jurisdiction of the Supreme CourtFrom the beginning, the Supreme Court has assumed that its original jurisdiction flows directly from the Constitution and is therefore self-executing without further action by Congress.1 In Chisholm v. Ge…
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Res Judicata
Res JudicataBoth the Constitution and a contemporaneously enacted statute require federal courts to give "full faith and credit" to state court judgments, to give, that is, preclusive effect to state court judgments when those judgments would be given preclusive effect by the courts of tha…
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Theory of Plenary Congressional Control
The Theory of Plenary Congressional ControlUnlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to "exceptions and regulations" prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. Addi…
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Three-Judge Court Act
Three-Judge Court ActWhen the Court in Ex parte Young 1 held that federal courts were not precluded by the Eleventh Amendment from restraining state officers from enforcing state laws determined to be in violation of the federal Constitution, serious…