A treatise on courts and their jurisdiction, written in French in the reign of Edward III. as is supposed, and by some attributed to Fitzherbert It was first printed in 1525, and again in 1534. Crabb, Eng. Law, 330, 483. … [Read more...]

Comprised of many different types of things, such as races of people. In criminal pleading. A plea by the prisoner In bar of execution, alleging that he is not the same who was attainted, upon which a jury is Immediately impaneled to try the collateral issue thus raised, viz., the identity of the person, and not whether he is guilty or Innocent for that has been already … [Read more...]

Federal courts are empowered to hear cases that either (i) deal with a question of federal law, or (ii) may hear cases that fall under diversity jurisdiction which means a case involving two citizens of two different states and where the plaintiff seeks damages that exceed $75,000. Cases that do not qualify for diversity jurisdiction must be brought in a state court. … [Read more...]

Refers to two parties to a lawsuit, each being a citizen of a different state or country. Federal courts are empowered to hear cases that either deal with a question of federal law, or have diversity jurisdiction where there are two different citizens of different states or one is a citizen of another country. … [Read more...]

In English practice. A writ directed to the sheriff of the county in which a defendant resides, or has any goods or chattels, commanding him to distrain upon the goods and chattels of the defendant for forty shillings, in order to compel his appearance. 3 Steph. Comm. 567. This writ issues in cases where it is found impracticable to get at the defendant personally, so as to … [Read more...]