Tabberone is pronounced tab ber won |
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CHAPTER 2 JURISDICTION In determining whether state courts were allowed to entertain jurisdiction over federally created causes of action, the Supreme Court applied a presumption of concurrency. Under this presumption, state courts may exercise jurisdiction over federally created causes of action as long as Congress does not explicitly or implicitly make federal court jurisdiction exclusive. An implied exclusivity can result from an "unmistakable implication from legislative history, or by a clear incompatibility between state-court jurisdiction and federal interest." In considering whether a federal claim is incompatible with state court jurisdiction, the Court looks to "the desirability of uniform interpretation, the expertise of federal judges in federal law, and the assumed greater hospitality of federal courts to peculiarly federal claims." Under this framework, federal courts have exclusive jurisdiction over admiralty, bankruptcy, patent, trademark, and copyright claims because the relevant jurisdictional statutes expressly provide so.
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