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William A. Added Pub.

2017 Pennsylvania Legal Directory

Federal question 28 USC a The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. As amended December 1, Pub. See main volume for text of b to d As amended Nov.

Admiralty, maritime and prize cases 28 USC The district courts shall have original jurisdiction, exclusive of the courts of the States, of: 1 Any civil cases of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. Removal Suits Removal Bonds have been abolished, effective Nov. Section d of Title 28, United States Code, which required the bond to be posted when the removal petition was filed, was repealed by the Act. The Act did not strike out a reference to the bond in section e ; however, it is clear that the removal bond requirement no longer exists.

Interstate Commerce Commission's orders 28 USC a Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Interstate Commerce Commission, and to enjoin or suspend in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties and forfeitures.

Patents, copyrights, trademarks, and unfair competition 28 USC a The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases. Postal matters 28 USC The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to the postal service.

Internal Revenue; customs duties 28 USC The district courts shall have original jurisdiction of any civil action arising under any Act of Congress providing for internal revenue, or revenue from imports or tonnage except matters within the jurisdiction of the Court of International Trade. As amended October 10, , Pub. Taxes by States 28 USC The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.

Property & Taxes

Rate orders of State agencies 28 USC The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision; where: 1 Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and, 2 The order does not interfere with interstate commerce; and, 3 The order has been made after reasonable notice and hearing; and 4 A plain, speedy and efficient remedy may be had in the courts of such State.

Election disputes 28 USC The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, wherein it appears that the sole question touching the title to office.

The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States. United States as plaintiff 28 USC Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress.

Real Estate Appraisers in Dauphin County, Pennsylvania

As amended Oct. Partition action where United States is joint tenant 28 USC The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition of lands where the United States is one of the tenants in common or joint tenants. Banking association as party 28 USC The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by such chapter.

All national banking associations shall, for the purpose of all other actions by or against them, be deemed citizens of the States in which they are respectively located. Corporation organized under federal law as party 28 USC The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock. Alien's action for tort 28 USC The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.

Consuls and vice consuls as defendants 28 USC The district courts shall have original jurisdiction, exclusive of the courts of the States, of all actions and proceedings against 1 consuls or vice consuls of Foreign states; or 2 members of a mission or members of their families as such terms are defined in section 2 of the Diplomatic Relations Act.

As amended Sept. Bonds executed under federal law 28 USC The district courts shall have original jurisdiction, concurrent with State Courts, of any action on a bond executed under any law of the United States except matters within jurisdiction of the Court of International Trade under section of this title.

Indian Allotments 28 USC The district courts shall have original jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood descent, to any allotment of land under any Act of Congress or treaty. The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to.

Land grants from different states 28 USC The district courts shall have original jurisdiction of actions between citizens of the same state claiming lands under grants from different states.

Fine, penalty or forfeiture 28 USC The district courts shall have original jurisdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or otherwise, incurred under any Act of Congress except matters within jurisdiction of the Court of International Trade under section of this title.

Seizures not within admiralty and maritime jurisdiction 28 USC The district courts shall have original jurisdiction, exclusive of the courts of the States, of any seizure under any law of the United States on land or upon waters not within admiralty and maritime jurisdiction except matters within jurisdiction of the Court of International Trade under section of this title.


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  • Injuries under Federal laws 28 USC The district courts shall have original jurisdiction of any civil action commenced by any person to recover damages for any injury to his person or property on account of any act done by him, under any Act of Congress, for the protection or collection of any of the revenues, or to enforce the right of citizens of the United States to vote in any State.

    Eminent domain 28 USC The district courts shall have original jurisdiction of all proceedings to condemn real estate for the use of the United States or its departments or agencies. Parties collusively joined or made 28 USC A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court. State civil jurisdiction in actions to which Indians are parties 28 USC a Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State.

    State of Indian country affected Alaska - All Indian country within the state. California - All Indian country within the state. Nebraska - All Indian country within the state. Wisconsin - All Indian country within the state.


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    Action to compel an officer of the United States to perform his duty 28 USC The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. Indian Tribes 28 USC The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States.

    Jurors' employment rights 28 USC The district courts shall have original jurisdiction of any civil action brought for the protection of jurors' employment under section of this title. Direct actions against insurers of members of diplomatic missions and their families 28 USC a The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission within the meaning of section 2 3 of the Diplomatic Relations Act 22 U.

    Senate actions 28 USC a The United States District Court for the District of Columbia shall have original jurisdiction, without regard to the amount in controversy, over any civil action brought by the Senate or any authorized committee or subcommittee of the. This section shall not apply to an action to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal to comply with, any subpoena or order issued to any officer or employee of the Federal Government acting within his official capacity.

    Any refusal or failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a contempt thereof. A contempt proceeding shall be commenced by an order to show cause before the court why the entity or person refusing or failing to obey the court order should not be held in contempt of court. Such contempt proceeding shall be tried by the court and shall be summary in manner.

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    The purpose of sanctions imposed as a result of such contempt proceeding shall be to compel obedience to the order of the court. Process in any such action or contempt proceeding may be served in any judicial district wherein the entity or party refusing, or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpoenas for witnesses who are required to attend such proceeding may run into any other district.

    Nothing in this section shall confer upon such court jurisdiction to affect by injunction or otherwise the issuance or effect of any subpoena or order of the Senate or any committee or subcommittee of the Senate or to review, modify, suspend, terminate, or set aside any such subpoena or order. An action, contempt proceeding, or sanction brought or imposed pursuant to this section shall not abate upon adjournment sine die by the Senate at the end of a Congress if the Senate or the committee or subcommittee of the Senate which issued the subpoena or order certifies to the court that it maintains its interest in securing the documents, answers, or testimony during such adjournment.

    Construction of references to laws of the United States or Acts of Congress 28 USC For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia. Each state has at least one district and may have as many as four districts.

    There are a total of ninety-four district courts. These districts may be further divided into divisions. District Court judges in the fifty states, including the District of Columbia, are appointed by the President and confirmed by the Senate. The chief judge serves a nonrenewable term of seven years or until the age of seventy. Retired district judges may serve by assignment as senior judges. District judges appoint U.

    Full-time magistrates are appointed for a term of eight years and part-time magistrate judges are appointed for a term of four years. The U. Bankruptcy Court for each district was created in as a unit of the U. District Court. Bankruptcy Court judges are appointed by the U. Court of Appeals judges of each circuit to serve fourteen year terms. Retired magistrate judges and retired Bankruptcy Court judges may be recalled by the judicial council of a circuit to serve any judicial district within that circuit.

    Usually only one judge hears a case in district court, but in some cases it is required that three judges comprise the court. Regular Jury and Non-Jury Trials. Leeson, Jr. William Ditter, Jr. O'Neill, Jr. Caracappa, Chief Magis.