Settle a debate

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jawsthegreat
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Settle a debate

Postby jawsthegreat » Mon Feb 27, 2012 10:57 pm

Is jurisdiction substantive or procedural?

sillyboots
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Re: Settle a debate

Postby sillyboots » Mon Feb 27, 2012 11:04 pm

my best guess/understanding is that jurisdiction itself is a procedural element, but that's not to say that there isn't substantive law concerning jurisdiction.

Edit: think the above was unduly confused. After thinking over for more than a few seconds, feel it's pretty fair to say it's just procedural.
Last edited by sillyboots on Mon Feb 27, 2012 11:07 pm, edited 1 time in total.

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Lincoln
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Re: Settle a debate

Postby Lincoln » Mon Feb 27, 2012 11:06 pm

Take fed cts. There's no easy answer to this question.

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BarbellDreams
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Re: Settle a debate

Postby BarbellDreams » Tue Feb 28, 2012 12:17 pm

I'll take procedural. But honestly this debate isn't new and both sides have valid opinions.

TB12
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Re: Settle a debate

Postby TB12 » Tue Feb 28, 2012 3:24 pm

Does it matter (serious question)?

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BarbellDreams
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Re: Settle a debate

Postby BarbellDreams » Tue Feb 28, 2012 9:08 pm

TB12 wrote:Does it matter (serious question)?


Erie.

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vamedic03
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Re: Settle a debate

Postby vamedic03 » Tue Feb 28, 2012 10:21 pm

jawsthegreat wrote:Is jurisdiction substantive or procedural?


Neither. Jurisdiction is jurisdictional, not substantive or procedural. As to federal courts, they only have the jurisdiction given to them by Congress within the constraints of Article III -- no more, no less.

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vamedic03
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Re: Settle a debate

Postby vamedic03 » Tue Feb 28, 2012 10:23 pm

BarbellDreams wrote:
TB12 wrote:Does it matter (serious question)?


Erie.


Erie is inapplicable. A federal court's jurisdiction is purely a question of federal law.




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