What is the test for whether a plaintiff in a civil case is entitled to the same procedure in a federal or state court?
MultiRegion, United States of America
The following excerpt is from Carson v. California, Civil No. 14-1447 AJB (JMA) (S.D. Cal. 2014):
due process of law guaranteed by the Fourteenth Amendment, he [or she] must say so, not only in federal court, but in state court." See Duncan v. Henry, 513 U.S. 364, 365-66 (1995) (emphasis added).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the test for determining whether a federal court erred when it found that the federal government intended to injure a plaintiff in a civil case? (MultiRegion, United States of America)
Does the US Supreme Court have any authority to determine whether a person who has been denied a right to sue under section 5 of the Civil Code of Civil Procedure is entitled to appeal? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
What is the test for a federal court to determine whether a section of the Civil Code of Civil Procedure has been interpreted as unconstitutional? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
