6. State courts are considered to be courts of general jurisdiction, meaning their power is plenary and

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6. State courts are considered to be courts of general jurisdiction, meaning their power is plenary and inherent; they have authority to hear cases on any subject matter unless they are ousted of such power by state or federal law. A state court of general jurisdiction is permitted and indeed may be under a constitutional duty to hear a cause of action arising under the laws of another state. In HUGHES v. FETTER, 341 U.S. 609, 71 S.Ct. 980, 95 L.Ed. 1212 (1951), the Supreme Court held that the under the “national policy” of the Full Faith and Credit Clause, U.S. Const. Art. IV, § 1, Wisconsin could not “close the doors of its courts” to a cause of action created under Illinois265law, while keeping the doors open to analogous claims under Wisconsin law for deaths “caused locally.” As the Court explained:

“[A state] * * * cannot escape [its] constitutional obligation to enforce the rights and duties validly created under the laws of other states by the simple device of removing jurisdiction from courts otherwise competent.” Id. at 611 13, 71 S.Ct. at 981 83, 95 L.Ed. at 1215 17.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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