 | Kenneth L. Deutsch, John Albert Murley - 1999 - 474 lapas
...question arose because Section 34 of the Judiciary Act of 1789, enacted by the First Congress, provides, "The laws of the several states, except where the Constitution, treaties, or statutes shall otherwise provide or require, shall be regarded as rules of decision in trials at common law... | |
 | Edward A. Purcell - 2000 - 446 lapas
...1970), esp. 403-20. 94 The Rules of Decision Act, Section 34 of the Judiciary Act of 1789, provided: That the laws of the several states, except where...courts of the United States in cases where they apply." i Stat. 92 (1789). The provision had remained essentially unchanged since 1789. 95 Although the Swift... | |
 | Kermit L. Hall - 2000 - 464 lapas
...Judiciary Act of 1789, ch. 20, § 11, 1 Slat. 73, 78. " "[T]he laws of the several states . . . shall be regarded as rules of decision in trials at common...courts of the United States in cases where they apply." Id. § 34, 1 Slat. at 92. M 16 US (13 Wheat.) at 221-23. " Id. at 221. M See Act of May 8, 1792, ch.... | |
 | Albert H. Walker - 2000 - 344 lapas
...case, in pursuance of Section 721 of the Revised Statutes of the United States, which section provides that "The laws of the several states, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common... | |
 | the late Don E. Fehrenbacher - 2002 - 486 lapas
...111:16. 19. RD, 1o Cong., i sess., 1o16-17. Section 34 of the act of September 14, 1789, declared: "The laws of the several states, except where the...courts of the United States in cases where they apply." SAL, 1: 91. 1o. See, for example, RD, 1o Cong., 1 sess., 911, 919. 11. Ibid., 111o-11. 11. Ibid., 1114-15.... | |
 | Ralph A. Rossum - 2001 - 324 lapas
...the Senate also provided in Section 34 — what has come to be known as the Rules of Decision Act — that "the laws of the several States, except where...the courts of the United States in cases where they apply."76 In a further nod to the states, the Senate included a $500 jurisdictional minimum for the... | |
 | John W. Johnson - 2001 - 608 lapas
...Section 34 of the Judiciary Act of 1789, which governed common-law trials in the federal courts, stated that "the laws of the several states, except where...provide, shall be regarded as rules of decision in trials of common law in the courts of the United States in cases where they apply." In most legal areas, where... | |
 | Vine Deloria - 2002 - 462 lapas
...of problems of proof peculiar to the cases before the court. SECTION 12. The statutes and decisions of the several States, except where the Constitution, treaties, or statutes of the United States, or the charters or ordinances of Indian communities or orders of executive departments... | |
 | Arthur Taylor Von Mehren, Academie de Droit International de la Haye - 2003 - 440 lapas
...Swift, the Supreme Court held that Section 34 of the Judiciary Act of 1789, Chapter 20, which provided that "[t]he laws of the several states, except where...regarded as rules of decision, in trials at common law, in cases where they apply", did not direct federal courts to follow state laws except those "strictly... | |
 | Maurice Eugen Lang - 2005 - 216 lapas
...federal courts. With regard to the last-named courts the Judiciary Act of 1789 section 34 2, requires that "the laws of the several states, except where...courts of the United States in cases where they apply". This section has been construed by the supreme court of the United States in the case of Swift vs.... | |
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that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases... 
