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Title 28: Judiciary and Judicial Procedure

Federal court organization, jurisdiction, civil procedure, judicial officers, habeas corpus, and the Department of Justice.

176 chapters · 1,234 sections · 5 key sections available

Key Sections (5)

§ 1

Number of Justices; Quorum

The Supreme Court has nine justices — one Chief Justice and eight associates. At least six justices must be present to hear and decide cases.

Effective: Jun 25, 1948
active
§ 1331

Federal Question Jurisdiction

Federal courts can hear any civil case involving federal law, the Constitution, or a treaty, with no minimum dollar amount required.

civil rightsEffective: Jun 25, 1948
active
§ 1983

Civil Action for Deprivation of Rights (42 U.S.C. § 1983)

Section 1983 allows individuals to sue state and local government officials in federal court for violating their constitutional rights, seeking monetary damages or court orders.

civil rightscriminalEffective: Apr 20, 1871
active
§ 2241

Power to Grant Writ of Habeas Corpus

Federal courts can issue habeas corpus writs to review whether a prisoner is being held illegally. State prisoners must first exhaust all state court remedies before seeking federal review.

criminalcivil rightsEffective: Jun 25, 1948
active
§ 1332

Diversity of Citizenship Jurisdiction

Federal courts can hear cases between citizens of different states when the amount in dispute exceeds $75,000. This is called diversity jurisdiction and helps ensure out-of-state parties get a neutral forum.

businessEffective: Jun 25, 1948
active