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PREPARING LEGAL CASE BRIEFS   (Site not responding. Last check: 2007-09-17) As such, a case in the federal system and for the most part in the states is a specific set of facts involving two or more parties seeking to have the court redress a grievance, enforce rights and duties. Cases decided by courts are published in case reports that are sequentially numbered and eventually bound. The cases in the casebook are edited versions of reported cases, which have been selected to illustrate a particular point of law. www.jmu.edu /polisci/bios/doss/327cbd.html   (599 words)

Fletcher v. Peck The lands in controversy vested absolutely in James Gunn and others, the original grantees, by the conveyance of the governor, made in pursuance of an act of assembly to which the legislature was fully competent. In this case the legislature may have had ample proof that the original grant was obtained by practices which can never be too much reprobated, and which would have justified its abrogation so far as respected those to whom crime was imputable. Their case is not distinguishable from the ordinary case of purchasers of a legal estate without knowledge of any secret fraud which might have led to the emanation of the original grant. www.michaelariens.com /ConLaw/cases/fletcher.htm   (2580 words)

Free Essay America's Court System The federal courts were also originally invested with jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified February 7, 1795), however, removed from federal jurisdiction those cases in which the citizens of one state were plaintiffs and the government of another state was the defendant. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and their decisions are subject to review by that Court. Cases involving the federal Constitution, federal laws, or treaties may be brought to either the state courts or the federal courts. www.echeat.com /essay.php?t=25096   (1117 words)

The Jurisdiction of the Federal Courts - Understanding the Federal Courts   (Site not responding. Last check: 2007-09-17) Second, assuming there is an actual case or controversy, the plaintiff in a federal lawsuit also must have legal "standing" to ask the court for a decision. Third, the case must present a category of dispute that the law in question was designed to address, and it must be a complaint that the court has the power to remedy. A case also may be filed in federal court based on the "diversity of citizenship" of the litigants, such as between citizens of different states, or between United States citizens and those of another country. www.uscourts.gov /understand02/content_4_0.html   (661 words)

Justiciability Doctrine A case will be declared moot if the defendant dies during a criminal trial, if the plaintiff dies during a civil action and the action does not survive the death (usually by statute), and if the parties settle between themselves before a final judgement is entered. Cases are declared not ripe because the injuries are either too speculative or they may never occur. The limiting of cases before the courts promotes judicial efficiency, and this limiting also improves the decision-making ability of the judiciary through ensuring a specific controversy and that an advocate with a stake in the outcome is present to pursue the matter. classes.lls.edu /archive/manheimk/fedcts/echarts/justdoc-t.htm   (1463 words)

Vermont Agency of National Resources v. United States ex rel Stevens, No. 98-1828 (U.S. 05/22/2000) This conclusion is confirmed by the long tradition of qui tam actions in England and the American Colonies, which conclusively demonstrates that such actions were "cases and controversies of the sort traditionally amenable to, and resolved by, the judicial process." Steel Co. v. Cases decided before 1986 uniformly support the proposition that the broad language used in the False Claims Act means what it says. California, 297 U. In the latter case, the State of California "invoke[d] the canon of construction that a sovereign is presumptively not intended to be bound" by a statute unless the act expressly declares that to be the case. biotech.law.lsu.edu /cases/fca/VAR_v_US_ex_rel_stevens.htm   (10373 words)

Lujan v. Defenders of Wildlife While the case, was remanded the central issue to this case was whether respondents had standing to challenge the ruling. That case and the others posited by the dissent all involve actual harm; the existence of standing is clear, though the precise extent of harm remains to be determined at trial. In the former case, we found that the environmental organizations had standing because the "whale watching and studying of their members w [ould] be adversely affected by continued whale harvesting," see 478 U.S., at 230-231, n. www.animallaw.info /cases/caus504us555.htm   (14819 words)

Court Sets Standards for Standing to Challange Agency Regulations - Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) Both of the cases used by Linda R. as an illustration of that principle involved Congress's elevating to the status of legally cognizable injuries concrete, de facto injuries that were previously inadequate in law (namely, injury to an individual's personal interest in living in a racially integrated community, see Trafficante v. Were that the case, the plaintiff in Sierra Club, for example, could have avoided the necessity of establishing anyone's use of Mineral King by merely identifying one of its members interested in an endangered species of flora or fauna at that location. The interest that confers standing in a case of this kind is comparable, though by no means equivalent, to the interest in a relationship among family members that can be immediately harmed by the death of an absent member, regardless of when, if ever, a family reunion is planned to occur. biotech.law.lsu.edu /cases/adlaw/Lujan_v_Defenders.htm   (13651 words)

CASES AND CONTROVERSIES - THURSDAY, SEPTEMBER 29, 2005   (Site not responding. Last check: 2007-09-17) Meanwhile, organized efforts are on the rise to overturn controversial decisions, to require judicial candidates to espouse the proper viewpoints and even to exert political influence on the rulings of sitting judges. Although the case symbolizes the checks and balances intended to put all three branches of government on a level playing field, says Grossman of the Johns Hopkins University, the Supreme Court nevertheless didn’t invalidate another act of Congress for the next 44 years. Other controversial cases today deal with the government’s power to suspend citizenship and indefinitely detain terrorists, says Susan Lerner, a Los Angeles lawyer who is the founder and chairwoman of a nonprofit advocacy organization, the Committee for Judicial Independence. www.abanet.org /journal/redesign/10fmad.html   (2732 words)

American Judicial System Federal courts hear cases that involve the U.S. government, as well as controversies between the U.S. and a foreign government and those between the states. Litigants also may bring cases to federal court based on "diversity of citizenship," which means that all persons on one side of the case are citizens of states different from all persons on the other side. Its cases involve government activities ranging from the defense of challenges to presidential actions, national security issues, benefit programs and energy policies to such commercial issues as contract disputes, banking insurance, patents, fraud and debt collection. www.uslaw.com /library/article/ABAJudicialCaseload.html   (973 words)

FindLaw: U.S. Constitution: Article III: Annotations pg. 9 of 25 A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical character; from one that is academic or moot. Justiciability is the term of art employed to give expression to this dual limitation placed upon federal courts by the case and controversy doctrine.'' 306 Justice Frankfurter perhaps best captured the flavor of the ''case'' and ''controversy'' requirement by noting that it takes the ''expert feel of lawyers'' often to note it. United States, 309 a case not now deemed of great importance, in which the Court struck down a statute authorizing certain named Indians to bring a test suit against the United States to determine the validity of a law affecting the allocation of Indian lands. caselaw.lp.findlaw.com /data/constitution/article03/09.html   (2056 words)

Hawk v Pohnpei [1989] FMSC 12 (28 June 1989) This case requires us to consider what is meant by the so-called "diversity" jurisdiction and whether such jurisdiction is applicable in criminal cases in the Federated States of Micronesia. Sections 6, 7 and 8 employ "disputes" and "cases." Wherever "cases" appears in section 7 and 8, it is clear from the context that the term includes criminal proceedings. This reveals that, while the wording is otherwise similar, "cases" and "controversies" are referred to instead of "cases" and "disputes." The appellant urges that the departure from "controversies" to "disputes" when the FSM Constitution came into being was significant. www.worldlii.org /paclii/fm/cases/FMSC/1989/12.html   (3251 words)

VALLEY FORGE COLLEGE v. AMERICANS UNITED, 454 U.S. 464 (1982) -- US Supreme Court Cases from Justia & Oyez Thus, the Court reaffirmed that the "case or controversy" aspect of standing is unsatisfied "where a taxpayer seeks to employ a federal court as a forum in which to air his generalized grievances about the conduct of government or the allocation of power in the Federal System." Id., at 106. The standing defect in each case was not, however, the failure to allege a violation of the Spending Clause; rather, the taxpayers in those cases had not complained of the distribution of Government largesse, and thus failed to meet the essential requirement of taxpayer standing recognized in Doremus. The difference between the two cases is relevant to the "standing" of taxpayers generally and most especially to taxpayers asserting claims under the Establishment Clause, for it is clear that even under the Establishment Clause the taxpayer's protection was against the use of his funds and not against the conduct of the government generally. supreme.justia.com /us/454/464/case.html   (15072 words)

04-1193 -- In Re Special Grand Jury 89-2 -- 06/15/2006 It is fundamental to the jurisdiction of this court that questions presented to it must be in the form of a case or controversy under Article III of the United States Constitution. Thus, no justiciable controversy is presented when the parties seek adjudication of only a political question, when the parties are asking for an advisory opinion, when the question sought to be adjudicated has been mooted by subsequent developments, and when there is no standing to maintain the action. The lesson for this case is that once an interest has been identified as a "judicially cognizable interest" in one case, it is such an interest in other cases as well (although there may be other grounds for granting standing in one case but not the other). www.kscourts.org /ca10/cases/2006/06/04-1193.htm   (8066 words)

Article III Article III states that the judicial power of the federal courts extends to all cases and controversies which arise under the Constitution and the federal laws of the United States. In diversity cases, which are cases between citizens of two different states, Congress is given the power under Article III to limit when these cases can be heard. In all cases that Article III gives the Supreme Court subject matter jurisdiction that do not involve a state or an ambassador, other public ministers and consuls, the Supreme Court may only exercise appellate jurisdiction. classes.lls.edu /archive/manheimk/fedcts/echarts/art3-t.htm   (2060 words)

Case or controversy - Wikipedia, the free encyclopedia The case or controversy clause of Article III of the United States Constitution (found in Art. This clause, in addition to setting out the scope of the jurisdiction of the federal judiciary, prohibits courts from issuing advisory opinions, or from hearing cases that are either unripe, meaning that the controversy has not arisen yet, or moot, meaning that the controversy has already been resolved. Chief Justice John Jay wrote in his response that, although the members of the Court had great confidence in the ability of the president to receive appropriate advice from his executive officers, the Court itself was constitutionally bound not to go beyond its role as an arbiter of judicial questions. en.wikipedia.org /wiki/Case_or_controversy   (413 words)

Supreme Court Landmark Cases Ferguson is the case in which the Supreme Court upheld state laws segregating people by their race. Ramifications: The Plessy case made lawful for nearly 60 years the doctrine that African Americans are not denied the equal protection of the laws by compelling them to accept "separate but equal" accommodations. The case endorsed and condoned separateness in all social and governmental institutions: public schools, higher education, the justice system, employment, recreation, transportation, etc. Such were the ramifications of the Court’s ruling; these artificial and unequal conditions lasted until the 1950s-1960s. faculty.tamu-commerce.edu /fvonneuhaus/SupremeCourtCases.htm   (986 words)

legal.htm Federal district courts only hear cases in which there are issues based on the Constitution, laws or treaties of the United States, or in which there is diversity of citizenship between the parties, such as citizens of one state bringing action against citizens of another. In most cases, corporations are considered to be citizens of any state in which they have been incorporated or have their principal place of business. Civil cases in the federal district courts begin when a complaint is filed by a plaintiff; an answer is then filed by a defendant. www.naco.org /cnews/1997/97-02-17/legal.htm   (828 words)

MORGAN v. MCCOTTER   (Site not responding. Last check: 2007-09-17) B. Standing Foremost among the well-established elements of a justiciable controversy is the requirement that the plaintiff have standing to maintain the suit. Determining whether the issues presented by this case are ripe for review "requir[es] us to evaluate both the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration." Abbott Labs. Action by this court in the face of such an undeveloped controversy would be exactly the type of anticipation of contingent events that the prudential doctrine of ripeness was intended to forestall. fsnews.findlaw.com /cases/10th/034046.html   (3449 words)

The Constitution of the United States of America Zdanok, 370 U.S. Justice Harlan asserted that Chief Justice Marshall in the Canter case ``did not mean to imply that the case heard by the Key West court was not one of admiralty jurisdiction otherwise properly justiciable in a Federal District Court sitting in one of the States. United States was exclusively a case of statutory construction, it was significant from a constitutional point of view because its reasoning was contrary to that of earlier cases narrowly construing the act of 1831 and asserting broad inherent powers of courts to punish contempts independently of, and contrary to, congressional regulation of this power. Although this case involved an indirect criminal contempt, willful petitioning to admit to probate a will known to be falsely prepared, the majority in dictum indicated that even in cases of direct contempt a jury will be required in appropriate instances. www.gpoaccess.gov /constitution/html/art3.html   (10576 words)

Article Three of the United States Constitution - Wikipedia, the free encyclopedia Cases not requiring "judicial determination" may come before the legislative courts, but cases requiring it must come before the constitutional courts. Only actual cases and controversies may be heard by the federal courts; the judicial power does not extend to cases which are hypothetical, or which are precluded because of problems with standing, mootness, or ripeness. Section Two provides that the Supreme Court has original jurisdiction in cases affecting ambassadors, ministers and consuls, and controversies in which a state is a party. en.wikipedia.org /wiki/Article_Three_of_the_United_States_Constitution   (2305 words)

Chicago-Kent Journal of International and Comparative Law - Cases and Controversies However, this process can be avoided in cases where activity is not pre-planned, and authorization can be given by field officers. Third, the inequality between the "occupying force" and the "local resident" precludes any real consent by the resident in many cases, a point echoed by Justice Beinisch's concurring opinion. Lastly, "one cannot know in advance whether the relaying of a warning involves danger to the local resident who relays it." Barak concluded by asserting that the "Early Warning" process existed in "the relatively grey area. www.kentlaw.edu /jicl/cases.html   (1569 words)

[No title] Boyd Court dismissed case as not ripe in which resident aliens were forced between giving up a job or risking permanent exclusion from the country Found that situation was too “hypothetical”, too remote and abstract United Public Workers v. III cases and controversies limitation Might be constitutional if thought to be based on separation of powers or textual commitments to other branches Prudential if based on concerns about preserving judicial legitimacy or limiting the role of unelected judiciary The “republican form of government” clause and judicial review of the electoral process Art. III, §2 says that the judicial power “shall extend to” nine categories of cases and controversies Conclusions is that one Congress establishes the lower courts, they must have the full power to decide all matters described in Art. www.nvo.com /mikelaw/nss-folder/fedcts/FedCourtsOUTLINE.doc   (6651 words)

Saliba & Company, P.C. - Lawyers/Attorneys in Wytheville, Virginia Criminal cases are controversies between the Commonwealth of Virginia and persons accused of a crime. The case is initiated by the plaintiff filing a warrant in debt or notice of motion for judgment along with payment of a fee to the clerk. The case is heard on the return date which is the date set by the clerk for trial. www.salibalaw.com /civillitigation.asp   (1121 words)

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