Tuesday, July 23, 2019
Week Two Paper Essay Example | Topics and Well Written Essays - 1250 words
Week Two Paper - Essay Example Federal courts are generally said to have "federal question" jurisdiction, which means that federal courts will hear cases that involve issues touching on the Constitution or other federal laws. The source of "federal question" jurisdiction can be found in the Constitution. Article III states that the "judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and Treaties made, or which shall be made, under their Authority." The federal court has jurisdiction over the case of Mr. Jones and the owner of the adjacent lot, because the Federal law also authorizes federal courts to hear cases where the opposing parties are citizens of different states. This is known as "diversity jurisdiction", because the plaintiff and the defendant have different, or diverse, state citizenships. "Diversity jurisdiction" enables a federal court to hear cases where there is not a federal question. In diversity cases, the federal court provides a fair forum where citizens of different states can have their cases heard. A "supplemental jurisdiction", a federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court. Supplementary jurisdiction -- sometimes called "ancillary jurisdiction" or "pendent jurisdiction" -- is a common-law, device that allows a court to resolve all claims between opposing parties in one forum. Unlike other forms of jurisdiction, supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case. Disagreements are common in our daily lives. Usually these disagreements can be settled outside the legal system. Sometimes they are so serious, however, that one of the parties sees no alternative but to file a lawsuit.
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