28-U.S.C.-88

28-U.S.C.-88

§88 – District of Columbia

Pathway

Title 28 > Part I > Chapter 5 > Section 88

Details

  • Reference: Section 88
  • Legend: §88 – District of Columbia
  • USCode Year: 2013

Provision Content

The District of Columbia constitutes one judicial district.

Court shall be held at Washington.

(June 25, 1948, ch. 646, 62 Stat. 875.)

Historical and Revision Notes

This section expressly makes the District of Columbia a judicial district of the United States.

Section 41 of this title also makes the District of Columbia a judicial circuit of the United States.

Section 11–305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States.

It is consonant with the ruling of the Supreme Court in ODonoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals shall hereafter be known as the United States Court of Appeals for the District of Columbia (Act of June 7, 1934, 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia to district court of the United States for the District of Columbia (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972, the Supreme Court ruled: * * * The parallelism between the Supreme Court of the District [of Columbia] and the Court of Appeals of the District [of Columbia], on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete. See also to the same effect Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-142 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-142, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-131 in the Legal Encyclopedia: District Courts

In this entry about 28-U.S.C.-131, find legal reference material, bibliographies and premiere content related to district courts in the American Encyclopedia of Law, presenting a comprehensive view of the United States district courts-specific issues, written by authorities in the field.

28-U.S.C.-81A in the Legal Encyclopedia: Courts Organization

In this entry about 28-U.S.C.-81A, find legal reference material, bibliographies and premiere content related to courts organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States courts organization-specific issues, written by authorities in the field.

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