Newsletters

Removal of Cases from State Court to Federal Court

Jurisdiction refers to the authority of a court to hear and decide a case. A federal court has subject matter jurisdiction in two broad categories of cases. The federal court has federal question jurisdiction, which is the authority to hear legal disputes involving the U.S. Constitution, federal laws, and treaties. The federal court also has diversity jurisdiction, which means lawsuits between two states or between citizens of two different states in a case in which at least $75,000 of damages is sought.

Service of Process in Foreign Countries

The Federal Rules of Civil Procedure are court rules that govern the procedure to be followed in civil lawsuits that are filed in federal court. The Federal Rules specify how service of process (notice that a lawsuit has been filed) is to be made on the defendant (the person being sued). A court must have personal jurisdiction over a defendant before it can enter a valid judgment against the defendant. There are special rules for service of process on individuals in a foreign country. This article discusses the procedure to be followed in serving an individual in a foreign country.

State Administrative Law

State legislatures have passed laws setting up various state administrative agencies. Some examples of state administrative agencies include public utilities commissions, worker's compensation bureaus, motor vehicle bureaus, and natural resources departments. State agencies exercise powers delegated to them by the state legislature.

The Common Law and Judicial Precedent

The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions.

Settlement Conferences in State Appellate Courts

The increased volume of appeals in cases has led to significant delays in finalizing an appeal. This has prompted state appellate courts to re-evaluate their case management procedures and adopt methods that promote speedier resolution of appellate cases. This article focuses on the use of settlement conferences prior to oral argument to reduce the backlog of cases and accelerate the appeal process. The stated goals of settlement conference programs are to encourage the settlement of appeals, simplify the issues, expedite appeals, and reduce costs.