| Indian Tribal Courts |
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| Congress has plenary or complete authority over Indian affairs. This means that Congress has unlimited discretion to regulate affairs on an Indian reservation. Under federal law, Indian nations are quasi-sovereign; that is, they have power in some areas but not in others. For example, Indian nations can operate tribal governments and manage their own property and resources. However, they cannot conduct foreign relations or prosecute non-Indians who commit crimes on reservations. Indian nations have adopted tribal codes, which usually combine traditional law with state law and federal law. More... |
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| Federal Rules of Civil Procedure |
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| The U.S. Congress passed a law authorizing the federal judiciary to adopt rules of practice and procedure for federal court proceedings. Congress also created a body called the Judicial Conference of the United States to administer the federal courts. The Supreme Court of the United States can prescribe federal procedural rules, and the Judicial Conference has authority to recommend changes to the rules. Any rules adopted by the Supreme Court are subject to congressional review. More... |
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| Expert Witnesses in Civil Lawsuits |
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| An expert witness is a witness who has knowledge of a technical subject. Because of his or her education, training or experience, an expert witness's testimony will aid the trier of fact in finding the truth in a lawsuit. More... |
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| The Common Law and Judicial Precedent |
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| 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. More... |
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| Removal of Cases from State Court to Federal Court |
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| 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. More... |
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