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NCJ Number: 67020 Add to Shopping cart Find in a Library
Title: DIVERSITY OF CITIZENSHIP JURISDICTION / MAGISTRATES REFORM - 1979 - HEARINGS BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, 96TH CONGRESS, 1ST SESSION, ON HR 1046 AND 2202
Author(s): ANON
Corporate Author: US Congress
House Subcommittee on Courts, Civil Liberties, and the Admin of Justice
United States of America
Date Published: 1979
Page Count: 412
Sponsoring Agency: US Congress
Washington, DC 20515
Publication Number: SERIAL NUMBER 22
Type: Legislative/Regulatory Material
Format: Document
Language: English
Country: United States of America
Annotation: TESTIMONY IS REPORTED ON FEDERAL LEGISLATION ABOLISHING THE USE OF FEDERAL COURTS ON THE BASIS OF DIVERSITY OF CITIZENSHIP JURISDICTION AND LEGISLATION EXPANDING THE ROLE OF FEDERAL MAGISTRATES.
Abstract: THE REPORTED TESTIMONY BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE SPEAKS TO H.R. 1046, A BILL TO CLARIFY AND EXPAND THE CIVIL AND CRIMINAL JURISDICTION OF FEDERAL MAGISTRATES, AND H.R. 2202, A BILL TO ABOLISH THE DIVERSITY OF CITIZENSHIP JURISDICTION OF THE FEDERAL COURTS, AS WELL AS THE AMOUNT OF CONTROVERSY REQUIREMENT IN FEDERAL QUESTION CASES. BOTH BILLS AIM AT REDUCING THE NUMBER OF CASES HANDLED BY FEDERAL COURTS, THUS REDUCING THE BACKLOG AND DELAYS. THE BACKGROUND MATERIAL PRESENTED NOTES THAT FEDERAL DIVERSITY JURISDICTION IS MADE POSSIBLE BY ARTICLE III OF THE CONSTITUTION, WHICH WAS DRAFTED SO AS TO PERMIT, BUT NOT TO MANDATE, FEDERAL COURT JURISDICTION BASED ON CONTROVERSIES BETWEEN CITIZENS THEREOF AND FOREIGN STATES, CITIZENS, OR SUBJECTS. ABOLITION OF FEDERAL DIVERSITY JURISDICTION WOULD PREVENT FEDERAL COURTS FROM HEARING ISSUES OF STATE LAWS AS A COURT OF FIRST JURISDICTION. REPRESENTATIVES OF THE JUDICIARY AND LEGAL ORGANIZATIONS, AND OTHER LEGAL EXPERTS TESTIFIED ON THE PROS AND CONS OF THE TWO BILLS. ADDITIONAL STATEMENTS, MISCELLANEOUS CORRESPONDENCE, AND SUPPLEMENTARY MATERIAL ARE INCLUDED IN THE APPENDIXES. (RCB)
Index Term(s): Federal courts; Federal government; Jurisdiction; Legislation; Magistrates; Testimony
Note: HEARINGS HELD FEBRUARY 28, MARCH 1 AND 8, 1979
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67020

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