 | Law reports, digests, etc - 1882 - 1904 pages
...laws of the several states, except -where the constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as...of the United States, in cases where they apply." The state law is, therefore, not the rule of decision where an act of congress has provided the rule.... | |
 | United States. Congress. House. Committee on the Judiciary - Impeachments - 1973 - 744 pages
...statutes of the United States shall otherwise require or provide, shall be regarded as the rules of decision in trials at common law in the courts of the United States in cases where they apply ; and whereas by the laws of Virginia it is provided that in cases not capital the offender shall not... | |
 | Maeva Marcus - History - 1992 - 856 pages
...the United States shall otherwise require or provide, shall be regarded as rules of decission in the trials at common law in the courts of the United States in cases where they apply.2 1 . Ellsworth wrote this phrase in the margin and then crossed it out. It appears to represent... | |
 | Courts - 1989 - 40 pages
...balancing state and federal interests better than section 34. The section stipulated, simply enough, [t]hat the laws of the several States except where...Courts of the United States in cases where they apply While the First Congress may well have intended "laws of the several states" merely as a shorthand... | |
 | David P. Currie - Law - 1994 - 682 pages
...forum.206 ™See Judiciary Act of Sept. 24, 1789, § 34, 1 Stat. 73, 92, codified at 28 USC § 725 ("[T]he laws of the several states, except where the...of the United States in cases where they apply"); Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARV. L. REV. 49 (1924).... | |
 | David P. Currie - Law - 1994 - 682 pages
...forum.206 200 See Judiciary Act of Sept. 24, 1789, § 34, 1 Stat. 73, 92, codified at 28 USC § 725 C[T]he laws of the several states, except where the constitution,...of the United States in cases where they apply"); Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARV. L. REV. 49 (1924).... | |
 | Maeva Marcus - Law - 1992 - 321 pages
...Government of the United States and of the Commonwealth of Virginia (1803), 4:350n. Section 34 provided that "the laws of the several states, except where...courts of the United States in cases where they apply." 52. For inferior courts (the county courts and examining courts of the lowest local level), property... | |
 | Industrial laws and legislation - 1997 - 452 pages
...11842). 1" See Judiciary Act of Sept 24, 1789. 5 34, I Stat. 73. 92. codified at 28 USC § 725 1'[T]he laws of the several states, except where the constitution,...of the United States in cases where they apply"); Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 Harv. L. Rev. 49... | |
 | Bradford P. Wilson, Ken Masugi - Law - 1998 - 328 pages
...interpretation of section 34 of the Judiciary Act of 1789, "that the laws of the several States . . . shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply," and in particular whether the "laws of the several States" includes precedents of their courts, even... | |
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that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases... 
