Law of Federal Courts

by Wright, Charles Alan; Kane, Mary Kay

• ISBN13: 9780314251251
• ISBN10: 0314251251
• Edition: 6th
• Format: Hardcover
• Copyright: 2002-01-01
• Publisher: West Group

Summary

Offers practical guidance and comprehensive coverage on all aspects of federal court jurisdiction and litigation procedure, as well as the relationship between the state and federal courts. Text reviews the federal judicial system; judicial power of the United States; diversity of citizenship; venue; pleadings, trials, and judgments; and appellate court jurisdiction.

Table of Contents

Preface to Sixth Edition	iii
Preface to First Edition	vii
Westlaw Overview	ix
The Federal Judicial System
The Historical Bases	1	(7)
The District Courts	8	(2)
The Courts of Appeals	10	(4)
The Supreme Court	14	(1)
Specialized Courts	15	(6)
The Judicial Code	21	(6)
Supporting Services for the Courts	23	(4)
The Judical Power of the United States
Courts of Limited Jurisdiction	27	(5)
Constitutional Basis of the Judicial Power	32	(1)
Ancillary or Supplemental Jurisdiction	33	(8)
Congressional Control of Jurisdiction	41	(7)
``Constitutional'' and ``Legislative'' Courts	48	(13)
``Case or Controversy''---In General	61	(7)
``Case or Controversy''---Standing to Litigate	68	(17)
``Case or Controversy''---Political Questions	85	(8)
``Case or Controversy''---Administrative Questions	93	(2)
Jurisdiction to Determine Jurisdiction	95	(7)
Federal Question
The Meaning of ``Arising Under''	102	(8)
Determination From the Pleadings	110	(6)
Pendent Claims and Supplemental Jurisdiction	116	(7)
``Protective Jurisdiction''	123	(3)
Criminal Prosecutions	126	(1)
Civil Actions to Which the United States Is a Party	127	(16)
Civil--Rights Cases	133	(10)
Diversity of Citizenship
Justifications of Diversity Jurisdiction	143	(11)
Kinds of Diversity That Give Jurisdiction	154	(6)
Exceptions From the Diversity Jurisdiction	160	(3)
The Meaning of Citizenship	163	(2)
Corporations and Other Associations	165	(8)
Time of Determination of Diversity	173	(1)
Parties Considered in Determining Diversity	174	(3)
Realignment of Parties	177	(4)
Devices to Create or Defeat Diversity	181	(11)
Jurisdictional Amount
When Jurisdictional Amount Is Necessary	192	(5)
Determination of the Amount in Controversy	197	(9)
Viewpoint From Which Amount Is Measured	206	(3)
Interest and Costs	209	(2)
Aggregation of Separate Claims	211	(7)
Effect of Counterclaims	218	(7)
Removal Jurisdiction and Procedure
Scope of the Removal Jurisdiction	225	(10)
Separate and Independent Claim or Cause of Action	235	(7)
Procedure for Removal	242	(9)
Remand	251	(7)
Venue
Civil Cases	258	(15)
Criminal Cases	273	(4)
Change of Venue	277	(12)
The Relations of State and Federal Courts
State Enforcement of Federal Law	289	(5)
State Attempts to Limit Federal Jurisdiction	294	(5)
Federal Injunctions Against State Proceedings	299	(9)
Federal Actions to Restrain State Officers	308	(6)
Exhaustion of State Remedies	314	(3)
The Three--Judge Court Acts	317	(4)
Other Statutory Restrictions on Injunctions Against State Officers	321	(3)
The Abstention Doctrines	324	(28)
``Our Federalism''	341	(11)
Habeas Corpus	352	(18)
The Law Applied by the Federal Courts
The Rules of Decision Act and Swift v. Tyson	370	(5)
The Erie Doctrine	375	(7)
The Erie Doctrine---The Constitutional Basis	382	(5)
The Erie Doctrine---Which State's Law?	387	(5)
The Erie Doctrine---The Determination of State Law	392	(8)
The Erie Doctrine---Issues on Which State Law Is Controlling	400	(13)
The Erie Doctrine---Federal Common Law	413	(13)
Procedure in the District Courts
Introduction
The Conformity Act and the Equity Rules	426	(3)
The Federal Rules of Civil Procedure	429	(7)
Rules of Procedure in Non-Civil Cases	436	(6)
The Civil Justice Reform Act of 1990	438	(4)
Process
Service of Summons and Complaint	442	(13)
Service According to State Law	455	(3)
Pleadings
Pleadings in General	458	(10)
One Form of Action	468	(2)
The Theory of Modern Pleading	470	(10)
Pleading Jurisdiction	480	(12)
Sanctions	483	(9)
Joinder of Claims and Parties
Parties Classified	492	(12)
Joinder of Parties	504	(5)
Class Actions	509	(19)
Stockholders' Derivative Actions	528	(6)
Interpleader	534	(8)
Intervention	542	(8)
Impleader	550	(8)
Substitution of Parties	558	(5)
Joinder of Claims	563	(4)
Counterclaims	567	(10)
Cross--Claims	577	(3)
Discovery
The Scope of Discovery	580	(12)
The Rule of Hickman v. Taylor	592	(9)
Preventing Abuse of Discovery	601	(11)
Required Disclosures	608	(4)
Oral Depositions	612	(9)
Depositions on Written Questions	621	(1)
Interrogatories to Parties	622	(8)
Production of Documents	630	(4)
Physical Examination	634	(4)
Requests for Admissions	638	(4)
Sanctions for Failure to Make Discovery	642	(6)
Trials
Pretrial Conference	648	(4)
The Right to Jury Trial	652	(13)
Evidence	665	(9)
Submission to the Jury	674	(5)
Attacks on a Verdict	679	(12)
Trial to the Court	691	(5)
Control by the Judge	696	(6)
Judgment
Judgment in General	702	(7)
Summary Judgment	709	(7)
Declaratory Judgment	716	(27)
Effect of a Prior Judgment	724	(19)
The Appellate Jurisdiction of the Courts of Appeals
Review of Final Decisions	743	(10)
Review of Interlocutory Orders	753	(9)
Review of Administrative Determiniations	762	(2)
Appellate Procedure	764	(8)
The Appellate Jurisdiction of the Supreme Court
Review of Decisions of the District Courts	772	(5)
Review of Decisions of the Courts of Appeals	777	(5)
Review of State--Court Decisions	782	(18)
Procedures in the Supreme Court	800	(9)
The Original Jurisdiction of the Supreme Court
Cases in Which a State Is a Party	809	(9)
Cases Affecting Ambassadors, Other Public Ministers, and Consuls	818	(17)
Table of Cases	835	(110)
Table of Statutes and Court Rules	945	(22)
Index	967