Users' questions

What is the case arising under federal question subject matter jurisdiction?

What is the case arising under federal question subject matter jurisdiction?

Facts Shareholder of Trust Co sues to enjoin the Trust Co from investing in certain federal bonds on the ground that the act of congress authorizing the bonds was unconstitutional. The theory of their case was that under Missouri law, an investment in a bond unauthorized by law was ultra vires and thus could be enjoined.

What is the relation between response and judgment?

A more holistic picture of the relation between response and judgment preserves the spirit of the subjectivist doctrine while fitting our actual lives more accurately. The subjectivist doctrine needs to be refined in order to deal with the cases of induction and authority. But it must not be abandoned.

Can a motion to dismiss for lack of subject matter jurisdiction?

Overview. In federal court, under the Federal Rules of Civil Procedure, a motion to dismiss for lack of subject-matter jurisdiction is considered a favored defense and may be raised at any point in the litigation process, even if the parties had previously argued that subject-matter jurisdiction existed.

What can a creditor do with a judgment against you?

If a creditor obtains a lawsuit judgment against you, it can enforce that judgment in different ways including garnishing your wages, levying your bank accounts, or placing liens against your properties such as your house. If a judgment lien has been placed on your property, you must file a motion with the court in order to remove it.

Can a judgment against the United States bear interest?

Judgments on claims brought against the United States in the Court of Federal Claims bear interest only under a contract or a statute which expressly provides for interest. 28 U.S.C. § 2516 (a). Court costs payable to the prevailing party may be included in judgments pursuant to Rule 54 (d), Federal Rules of Civil Procedure.

What does it mean when a judgment is entered against you?

A judgment is an official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you. You are likely to have a judgment entered against you for the amount claimed in the lawsuit if you:

How are final judgments adverse to the United States paid?

Final judgments adverse to the United States can sometimes be paid by the client agency, or an insurer, surety, or indemnitor. If payment cannot be effected in that manner, payment can usually be made from the funds appropriated pursuant to 31 U.S.C. § 1304.

What does a judgment mean in a lawsuit?

What is a judgment? A judgment is a court order that is the decision in a lawsuit. If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt.