National court

“ The reasonableness of the agency of the National Courts in cases in which the State tribunals cannot be supposed to be impartial, speaks for itself. No man ought certainly to be a Judge in his own cause, or in any cause in respect to which he has the least interest or bias. This principle has no inconsiderable weight in designating the Fœderal courts as the proper tribunals for the determination of controversies between different States and their citizens. ”

“ As to 'controversies between a state and the citizens of another state.' The object of vesting in the courts of the United States jurisdiction of suits by one state against the citizens of another was to enable such controversies to be determined by a national tribunal, and thereby to avoid she partiality, or suspicion of partiality, which might exist if the plaintiff state were compelled to resort to the courts of the state of which the defendants were citizens. Federalist, No. ”

“ In every Court, ample and commodious provision is made for the accommodation of the citizens. This is the case all through America. In every Public Institution, the right of the people to attend, and to have an interest in the proceedings, is most fully and distinctly recognised. There are no grim door-keepers to dole out their tardy civility by the sixpenny-worth; nor is there, I sincerely believe, any insolence of office of any kind. Nothing national is exhibited for money; and no public officer is a showman. We have begun of late years to imitate this good example. ”

“ The seventh amendment to the constitution of the United States secures to either party to every suit at law, in which the value in controversy exceeds $20, the right of trial by jury, and forbids any such suit, in which there has once been a trial by jury, within the sense of the common law and of the constitution, to be tried anew upon the facts in any court of the United States. ”

“ The purpose of Federal Rule of Civil Procedure 11 is to control the practice of attorneys, or those who act as their own attorneys, in the conduct of litigation in the federal courts. Extending judicial power far beyond that boundary, the Court, relying only on its rulemaking authority, now holds that citizens who seek the aid of the federal courts may risk money damages or other sanctions if they do not satisfy some objective standard of care in the preparation or litigation of a case. ”

“ On the other hand, some cases in which an alien or a citizen of another State is made a party may be brought either in a Federal or a State court, at the option of the plaintiff, and if brought in the State court may be prosecuted until the appearance of the defendant, and then at his option may be suffered to remain there or may be transferred to the jurisdiction of the Federal courts. ”

“ In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed ”

“ Upon divorce, the community property of the spouses shall be partitioned by them through agreement, or, where no such an agreement is reached, adjudicated by the people's court in light of the actual state of the property and in compliance with the principle of favoring the rights and interests of their children, the wife, and the no-fault party. The rights and interests of the husband or wife arising from the contractual management of land based on the household shall be protected in accordance with law. ”

“ The limitation period for a person to request the people’s court to protect his civil-law rights is three years, unless otherwise provided by law. Unless otherwise provided by law, the limitation period begins from the date when the right holder knows or should have known that his right has been harmed and that who is the obligor. However, no protection to a right is to be granted by the people’s court if 20 years have lapsed since the date when the injury occurs, except that the people’s court may, upon request of the right holder, extend the limitation period under special circumstances. ”

“ The principle that a State conviction is a bar to a federal prosecution, and that, where there is concurrent jurisdiction, the tribunal first taking jurisdiction afterwards holds that jurisdiction, and exercises it throughout, to the exclusion of all others, necessarily leads to this result. ”

“ Where one spouse is declared to be missing and the other party files for divorce, such divorce shall be granted. Where, after a judgment has been made against divorce and the spouses have been separated for one more year, such divorce shall be granted where one of the spouses files again for divorce with the people’s court. ”

“ A judge of a court of the Hong Kong Special Administrative Region may only be removed for inability to discharge his or her duties, or for misbehaviour, by the Chief Executive on the recommendation of a tribunal appointed by the Chief Justice of the Court of Final Appeal and consisting of not fewer than three local judges. ”

“ An administrative court shall be established in the Macao Special Administrative Region. It is the court which shall have jurisdiction over administrative and tax cases. If a party refuses to accept a judgment by the administrative court, he or she shall have the right to file an appeal with an intermediate court. ”

“ Every one connected with these branches of the public service is amenable to the jurisdiction which Congress has created for their government, and, while thus serving, surrenders his right to be tried by the civil courts. All other persons, citizens of states where the courts are open, if charged with crime, are guaranteed the inestimable privilege of trial by jury. ”

“ Congress in 1793, shortly after the American Colonies became one united Nation, provided that in federal courts 'a writ of injunction (shall not) be granted to stay proceedings in any court of a state.' Act of March 2, 1793, § 5, 1 Stat. 335. Although certain exceptions to this general prohibition have been added, that statute, directing that state courts shall remain free from interference by federal courts, has remained in effect until this time. ”

“ To permit a federal trial court to enter a judgment in a case removed without right from a state court where the federal court could not have original jurisdiction of the suit even in the posture it had at the time of judgment, would by the act of the parties work a wrongful extension of federal jurisdiction and give district courts power the Congress has denied them. ”

“ The jurisdiction of the federal courts-their power to adjudicate-is a grant of authority to them by Congress and thus beyond the scope of litigants to confer. But the locality of a law suit-the place where judicial authority may be exercised-though defined by legislation relates to the convenience of litigants and as such is subject to their disposition. This basic difference between the court's power and the litigant's convenience is historic in the federal courts. ”

“ It is not to be presumed that Congress, with a full knowledge of the history and traditions of the court, intended to confer jurisdiction over the State tribunals upon any question where their decisions had been theretofore regarded as conclusive-a jurisdiction demanded by no public necessity, and productive of no good results. ”

“ However, if the courts of the Region, in adjudicating cases, need to interpret the provisions of this Law concerning affairs which are the responsibility of the Central People's Government, or concerning the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgments on the cases, the courts of the Region shall, before making their final judgments which are not appealable, seek an interpretation of the relevant provisions from the Standing Committee of the National People's Congress through the Court of Final Appeal of the Region. ”

“ Where a dispute arises over the custody of a missing person’s property, or the persons provided in the preceding paragraph are unavailable or incompetent for such a purpose, the property shall be placed in the custody of a person appointed by the people’s court. ”

“ Under any such circumstances, the wisdom of Congress has provided the means of protection to all persons sued or imprisoned for any act done or omitted to be done in pursuance of a law of the United States, or any order, process, or decree of any Federal judge or court of competent jurisdiction. ”

“ Section 3 of the Act of 1937 directs that a court of three judges is to be convened whenever an interlocutory or permanent injunction is sought 'suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any Act of Congress' upon the ground that it is repugnant to the Constitution. ”

“ A husband may not file for divorce during his wife’s pregnancy, within one year after his wife delivers, or within six months after termination of her pregnancy, unless the wife applies for divorce, or the people’s court deems it necessary to hear the divorce request made by the husband. ”

“ Where a parent challenges maternity or paternity with just cause, the parent may file a lawsuit with the people's court for affirmation or denial of such maternity or paternity. Where an adult child challenges maternity or paternity with just cause, he may file a lawsuit with the people’s court for affirmation of such maternity or paternity. ”

“ When assuming office, the Chief Executive, principal officials, the President of the Court of Final Appeal and the Procurator-General of the Macao Special Administrative Region must swear allegiance to the People's Republic of China, apart from taking the oath under Article 101. ”

“ It is not possible to bring each and any case into the United States courts. * * * The Federal courts were created solely for the purpose of handling special matters which are appropriately in the jurisdiction of a Federal agency. Thus, suits involving rights of a citizen under Federal statute may go to a Federal court. Suits involving citizens of more than one State may go to a Federal court under appropriate circumstances. ”