Question 1 of 5
Give examples of **three kinds of cases** in which federal courts have jurisdiction **exclusive of the states**, and give examples of **two kinds of cases** in which state courts have jurisdiction **exclusive of federal courts**.
Why: The answer lists precise statutory examples of exclusive federal jurisdiction (copyright, patent, bankruptcy per 28 U.S.C. §§ 1331, 1334, 1338) and state-exclusive matters (probate, divorce as traditional state domains). Each includes legal basis, rationale for exclusivity (uniformity, federal supremacy), and real-world examples, meeting short answer depth for full marks.
Question 2 of 5
What is **federal question jurisdiction**? Explain its **constitutional and statutory basis**, and list **three examples** of cases that fall under federal courts' **exclusive jurisdiction** due to federal law.
Why: This structured response defines the concept, traces constitutional (Art. III §2) and statutory (28 USC §1331) origins with case precedent, and provides exclusive jurisdiction examples tied to specific statutes, with applications. Word count ~150 ensures full marks for 2-3 mark question.
Question 3 of 5
Section 26 of the Code of Civil Procedure, 1908 deals with:
A
Place of suing
B
Institution of suits
C
Res judicata
D
Execution of decree
Why: Section 26 of the CPC, 1908 deals with the institution of suits. Section 26(1) states that every suit shall be instituted by presenting a plaint or in such other manner as may be prescribed. Section 26(2) mandates that facts must be proved by affidavit. This section lays down the procedural foundation for initiating a civil suit in a court of law.[1]
Question 4 of 5
How is a suit instituted under the Code of Civil Procedure?
A
By filing an application
B
By presenting a plaint to the proper court or officer
C
By oral complaint
D
By notice to defendant
Why: The suit is instituted by presenting a plaint to the proper court or officer, as stated in Section 26 of the Code of Civil Procedure.[2]
Question 5 of 5
Who presents the plaint in a suit and how?
Why: Under CPC, institution requires presentation by plaintiff or pleader in duplicate, conforming to pleading rules for validity.[2]
