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GGD-78-38 1 (1978-02-28)

handle is hein.gao/gaobaawtq0001 and id is 1 raw text is: 



                        DOCUI I 38 lU

O5145 - [306255271

Summary of Ifacto ou Federal Diversitj C~dis. 409-78-381
B-189861. February 26 1976. 1 pp. - eamlvsure 0 pp-)-
Report to Rep. Peter V. Rodino Jr. Chairman@ Rouse Committee
on the Judiciary; by Robert F. Kller, Deputy Coaptrzllez
General.
Contact: General Government Div.
Budget Function: Law Rnforcoment and austice: Foedeal Judicial
    activities (752).
Conressional Relevance: Boun Committee on the judiciary. jw.k-
    Peter US. Rodmo Jr.
Athority: I.. SS6 (9Sth Cong.). 1.1. 7243 ($Sth Comm,.  Lt.
    761 (9Sth Cong.).
         Diversity jurisdiction refers to tke Vede.al court9s
luzaadiction over cases involving a catwversy betilea citiens
of different States or between citixess of a State sm of ,
foreign nation. a plaintiff say initiate a civil sult In either
a State or Federal court if crtain reuirome onte ace nt and a
defondant being sued in a State €Ourt other than one in his hoe
State ay remve the action to the edural court in the State
uheri *he action was initiated. Trial lairs favor ledeal
courts over State mourts tn diverety cases bocause ef-WA
that the Stgte co-rts may be pre*u iced egaist teoaesdent, usA
because of beliefs that the case' ace Fedezal in natereg Voowel.
court systems are gmp'erior, aLa 3ate dockets ase soaxt crowd.
Of I, C attornefs questined concer.miag the objetivitt of State
courts, the following weoz expressed: six thouibt the State
court was adequate, one believel there was prejudice, and seven
thought there might be prejudic. Data are not availablA zo
determine whether State court systems can handle addit4ioal
diversity cases that would result from elimination at
restriction of Federal Jurisdiction, but as oagoing reasearf
project may provide information in tkia area. (no3)

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