The Judiciary Act of 1789National Archives and Records Administration, 1989 - 32 strani |
Pogosti izrazi in povedi
admiralty and maritime againſt alſo amendments Antifederalist appeal appointed authority afore authority aforefaid bill of rights cafe Caleb Strong called caufe cauſe cife circuit courts fhall cognizance committee common law Congress Constitutional Convention deceaſed decifion defendant depofitions deputy difcretion difpute exceeds diftrict court diftrict judge dollars Ellsworth equity exclufive of cofts execution fame manner federal court system Federalist feffion feveral flates fhall alfo fhall be held fhall have power firft flatute fpecially ftate fuch court fuch diftrict fuit fum or value fupreme court fhall FURTHER ENACTED HABEAS CORPUS impriſonment James Madison judgment or decree judicial power Judiciary Act judiciary bill juftice jurisdiction jury Maffachuſetts marfhall matter in difpute National Archives New-Jerfey New-York oath offence Oliver Ellsworth perfon petition in error plaintiff proceed profecute reverfal Richard Henry Lee Senate September 24 ſhall ſtate ſuch Supreme Court thall treaty United States fhall value of 500 Virginia William Paterson writs
Priljubljeni odlomki
Stran 7 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Stran 7 - The notion has frequently been entertained, that the federal Courts derive their judicial power immediately, from the constitution; but the political truth is, that the disposal of the judicial power, (except in a few specified instances) belongs to congress. If congress has given the power to this Court, we possess it, not otherwise; and if congress has not given the power to us, or to any other Court, it still remains at .the legislative disposal. Besides, congress is not bound, and it would perhaps,...
Stran 1 - I have always been persuaded, that the stability and success of the national government, and consequently the happiness of the people of the United States, would depend in a considerable degree on the interpretation and execution of its laws. In my opinion, therefore, it is important, that the judiciary system should not only be independent in its operations, but as perfect as possible in its formation.
Stran 25 - And the depositions so taken shall be retained by such magistrate until he deliver the same with his own hand into the court for which they are taken, or shall, together with a certificate of the reasons as aforesaid of their being taken, and of the notice if any given to the adverse party, be by him the said magistrate sealed up and directed to such court, and remain under his seal until opened in court.
Stran 20 - That where in a circuit court, a plaintiff in an action, originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hundred dollars, or a libellant, upon...
Stran 26 - ... matters that may be cognizable in any court of the United States...
Stran 15 - ... until a quorum be convened; and that a district court, in case of the inability of the judge to attend at the commencement of a session, may by virtue of a written order from the said judge, directed to the marshal of the district, be adjourned by the...
Stran 24 - That the mode of proof by oral testimony and examination of witnesses in open court shall be the same in all the courts of the United States, as well in the trial of causes in equity and of admiralty and maritime jurisdiction, as of actions at common law.
Stran 26 - States, and either of the parties shall die before final judgment, the executor or administrator of such deceased party who was plaintiff, petitioner, or defendant, in case the cause of action doth by law survive, shall have full power to prosecute or defend any such suit or action until final judgment ; and the defendant or defendants are hereby obliged to answer thereto accordingly; and the court before whom such cause may be depending, is hereby empowered and directed to hear and determine the...
Stran 26 - ... cause. Provided, That nothing herein shall be construed to prevent any court of the United States from granting a dedimus potestatem, to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice; which power they shall severally possess...