Articles liés à A Federal Suit at Law (Classic Reprint)

A Federal Suit at Law (Classic Reprint) - Couverture souple

Simkins, William Stewart

 
9781334605437: A Federal Suit at Law (Classic Reprint)

Synopsis

This book analyzes the conformity of the legal proceedings in the lower federal courts to the practice and procedure in the state court in the district in which the latter are held. The author provides the historical context of the conformity act and discusses its interpretation by the Supreme Court and by the lower federal courts. He also discusses the substantive law as applied in the federal courts as affected by the conformity act, and the procedural law as applied in the federal courts because of the conformity act. The author argues that the conformity act has outlived its usefulness and should be repealed. The continuing effort of the federal courts to follow state procedures tends to defeat the purpose of the creation of a distinctive system of federal jurisdiction. The author proposes new statutes to take the place of the conformity act. These statutes would adopt state rules concerning substantive questions and state procedural rules for the purpose of preliminary attachment or garnishment and provisional remedies.

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