http://a-new-machine.livejournal.com/ ([identity profile] a-new-machine.livejournal.com) wrote in [community profile] talkpolitics 2011-07-09 07:47 pm (UTC)

Yes, but that sentence was talking about a constitutional right to sue, which is different. Once a lawsuit is initiated, you're right, but that sentence was about the right to sue in the first place.

Also, the Seventh has never been incorporated onto the states, so it's of limited use, as most tort trials are based on state law with no federal claims, and could only get into federal court on a diversity basis, which (if I'm recalling civpro correctly) means they're governed by state law on the topic, overseen by federal magistrates and procedural law (again, I may be mis-remembering that point).

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