Original Jurisdiction
Q. What are the requirements that must be considered for a case to be heard in federal court?
For the most part, federal courts only hear:
- Cases in which the United States is a party;
- Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction);
- Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and.
Q. What are state courts?
State courts are courts of “general jurisdiction”. They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws.
Q. How is pecuniary jurisdiction decided?
Section 6 of the CPC defines the Pecuniary Jurisdiction. This jurisdiction is based upon the valuation of a subject matter of the suit. For Example: If a dispute arises on the partition of the ancestral property between A and B, the suit property is situated in Shirur, Pune.
Q. Which suit is not of a civil nature?
In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature. The expression suit of civil nature covers private rights and obligation of a citizen. If the principal question relates to caste or religion, then it is not a suit of civil nature.
Q. Which is not a decree?
For a decision of the court to a decree, there must be an adjudication. The matter in dispute should be judicially determined. As held in the case of Madan Naik v. Hansubala Devi, if the matter is not judicially determined then, it is not a decree.
Q. Which are suits of civil nature?
A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
Q. Who can file a caveat application?
Who may lodge a caveat? Section 148A further provides that a caveat may be filed by any person, whether a party to the suit or not, as long as the person filing the caveat has the right to appear before the court in regard to the suit in question.
Q. What is a caveat legal?
Caveat is a Latin term which means ‘let a person beware’. In law, it may be understood as a notice, that certain actions may not be taken without informing the person who filed the Caveat. Caveat is basically a Latin word which means ‘let a person beware’.
