Federal Question - Law Dictionary Search Results
Home Dictionary Name: federal question Page 1 of about 34 results (0.004 seconds)federal question
federal question see question ...
federal question jurisdiction
federal question jurisdiction see jurisdiction ...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
tribal court
tribal court : a court administered through self-government of an American Indian tribe esp. on a reservation and having federally prescribed jurisdiction over custody and adoption cases involving tribal children, criminal jurisdiction over offenses committed on tribal lands by members of the tribe, and broader civil jurisdiction over claims between tribe members and nonmembers NOTE: Criminal prosecutions of tribal members in tribal courts must respect constitutional rights specifically listed in the Indian Civil Rights Act, which also provides for a federal habeas corpus remedy in lieu of federal appellate review. Parties to a civil action that arguably falls within the jurisdiction of a tribal court must first exhaust remedies there before seeking adjudication in a federal court, whether they are both tribal members or not. A dispute over such jurisdiction is ultimately a federal question. ...
well-pleaded complaint rule
well-pleaded complaint rule : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a defense in the complaint. ...
abstention
abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford abstention [bər-fərd-] : an abstention grounded on the involvement in the federal case of a challenge to the exercise of a usually complex state administrative function Col·o·ra·do Riv·er abstention [kÄ -lə-ra-dō-, -rÄ -] : an abstention grounded esp. on the involvement in the federal case of questions of state concern that are also at issue in a parallel case in state court Pull·man abstention [pl-mən-] : an abstention grounded on the involvement in the federal case of the interpretation of an ambiguously worded state law whose constitutionality would have to be determined by the federal court NOTE: A party to a case subjected to a Pullman abstention may reserve the right to return to federal court once the st...
Substantial question of law
Substantial question of law, the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally, settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well-settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law, Chunilal V. Mehta v. Century Spq & Mfg. Co. Ltd., AIR 1962 SC 1314 (1318): 1962 Supp (3) SCR 549. [Constitution of India, Art. 133(1)]What is a substantial question of law would certainly depend upon fact and ci...
certification
certification 1 a : the act of certifying b : the state of being certified see also certiorari NOTE: Certification of an interlocutory decision by a trial court allows an appellate court to review the decision and to answer a controlling question of law. Certification is often used in state courts as well as federal courts and, where available, allows a federal court to refer a question of state law to the state's highest court. Certification is also used to refer to a judge's order that allows a suit to be maintained as a class action. 2 : a certified statement ...
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