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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

Each
district has also its marshal, who has the same functions under the
federal court as the sheriff under the state court. The procedure of
the federal court usually follows that of the courts of the state in
which it is sitting.
[Footnote 28: See the second note on p.278.]
[Footnote 29: See Wilson, _The State_, p. 554. I have closely
followed, though, with much abridgment, the excellent description of
our federal judiciary, pp. 555-561.]
[Sidenote: The federal jurisdiction.]
The federal jurisdiction covers two classes of cases: (1) those
which come before it "_because of the nature of the questions
involved_: for instance, admiralty and maritime cases, navigable
waters being within the exclusive jurisdiction of the federal
authorities, and cases arising out of the Constitution, laws, or
treaties of the United States or out of conflicting grants made by
different states"; (2) those which come before it "_because of the
nature of the parties to the suit_," such as cases affecting the
ministers of foreign powers or suits between citizens of different
states.
The division of jurisdiction between the upper and lower federal
courts is determined chiefly by the size and importance of the cases.


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