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15. Judicial Review under the Compact or Federal law initiated in the judicial system of Puerto Rico in like manner as final judgments a. The courts of the United States and of the Free Associated and decrees rendered by the highest court in a state. In State shall have concurrent jurisdiction with respect to justiciable questions arising under this Compact, and actions instituted in the adopting language which purports to equate the Puerto Rican court of last resort to those of the several states, the courts of the Free Associated State may not be removable to a Federal court on the sole grounds that provisions of this Compact Advisory Group does not pretend to make the equation are in issue. total. It is well documented that in the period since the b. Nothing contained in this section shall prohibit the Free creation of the current relationship, the Supreme Court of the United States has treated Puerto Rican law and courts Associated State or any individual from instituting and main- differently than the laws and courts of the individual taining any action or proceeding in the assertion of a claim or states, thereby recognizing the uniqueness of the relation- cause of action under this Compact in any court with competent ship and the difference in the cultural background of jurisdiction. Puerto Rico. The Advisory Group intends no departure c. Final judgments and decrees entered by the highest court of from this wise policy announced by the Supreme Court in the Free Associated State in which decision could be had may be Fornaris v. Ridge Tool Co., 400 U.S. 41, 43 (1970), and reviewed by the Supreme Court of the United States in like followed steadily thereafter. In fact, the language used in manner as final judgments and decrees rendered by the highest section 1 of the Compact, which recognizes the people of court of a state in which decision could be had. Puerto Rico as "a cultural community of Hispanic lan- guage and tradition", reiterates the policy of the High Court in Fornaris. 15. Judicial Review Finally, without creating a new cause of action, the guarantee is made that neither the Free Associated State of This section sets forth the proposition that the Puerto Rico nor any individual shall be prohibited in any Compact gives rise to both Federal and Puerto Rican way from initiating and maintaining a claim or cause of jurisdiction and that the Federal and Puerto Rican courts action under the Compact. may both entertain cases with respect to the Compact. Its intention is threefold. It guarantees that a cause of action arising out of the Compact and instituted in a Puerto Rican court of 16. United States District Court competent jurisdiction shall not be removable to a Federal a. There shall exist a United States District Court for the Free court, solely on the basis that the Compact is involved. Associated State whose jurisdiction shall be the same as that of The cause of action will be heard in the courts of first other District Courts of the United States, including the juris- instance of the Puerto Rican judicial system if initiated diction over the naturalization of qualified aliens and residents in there. Similarly, if initiated in the Federal courts, it will be the Free Associated State. heard there. (There is no obstacle to removing to the b. All the procedures, pleadings, and records shall be con- Federal courts a case involving the Compact, if it is ducted in Spanish, unless the Court, in the interest of justice, shall otherwise removable on other grounds.) otherwise determine. This section further guarantees that the Supreme Court c. The selection of the jurors shall be conducted and their of the United States shall be the final arbiter of disputes requisites shall be guided in accordance with the laws of the 38 39

Document source description

This file contains a published report of the Ad hoc Advisory Group on Puerto Rico.

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    "ocrText": "15. Judicial Review\nunder the Compact or Federal law initiated in the judicial\nsystem of Puerto Rico in like manner as final judgments\na. The courts of the United States and of the Free Associated\nand decrees rendered by the highest court in a state. In\nState shall have concurrent jurisdiction with respect to justiciable\nquestions arising under this Compact, and actions instituted in the\nadopting language which purports to equate the Puerto\nRican court of last resort to those of the several states, the\ncourts of the Free Associated State may not be removable to a\nFederal court on the sole grounds that provisions of this Compact\nAdvisory Group does not pretend to make the equation\nare in issue.\ntotal. It is well documented that in the period since the\nb. Nothing contained in this section shall prohibit the Free\ncreation of the current relationship, the Supreme Court of\nthe United States has treated Puerto Rican law and courts\nAssociated State or any individual from instituting and main-\ndifferently than the laws and courts of the individual\ntaining any action or proceeding in the assertion of a claim or\nstates, thereby recognizing the uniqueness of the relation-\ncause of action under this Compact in any court with competent\nship and the difference in the cultural background of\njurisdiction.\nPuerto Rico. The Advisory Group intends no departure\nc. Final judgments and decrees entered by the highest court of\nfrom this wise policy announced by the Supreme Court in\nthe Free Associated State in which decision could be had may be\nFornaris v. Ridge Tool Co., 400 U.S. 41, 43 (1970), and\nreviewed by the Supreme Court of the United States in like\nfollowed steadily thereafter. In fact, the language used in\nmanner as final judgments and decrees rendered by the highest\nsection 1 of the Compact, which recognizes the people of\ncourt of a state in which decision could be had.\nPuerto Rico as \"a cultural community of Hispanic lan-\nguage and tradition\", reiterates the policy of the High\nCourt in Fornaris.\n15. Judicial Review\nFinally, without creating a new cause of action, the\nguarantee is made that neither the Free Associated State of\nThis section sets forth the proposition that the\nPuerto Rico nor any individual shall be prohibited in any\nCompact gives rise to both Federal and Puerto Rican\nway from initiating and maintaining a claim or cause of\njurisdiction and that the Federal and Puerto Rican courts\naction under the Compact.\nmay both entertain cases with respect to the Compact. Its\nintention is threefold.\nIt guarantees that a cause of action arising out of the\nCompact and instituted in a Puerto Rican court of\n16. United States District Court\ncompetent jurisdiction shall not be removable to a Federal\na. There shall exist a United States District Court for the Free\ncourt, solely on the basis that the Compact is involved.\nAssociated State whose jurisdiction shall be the same as that of\nThe cause of action will be heard in the courts of first\nother District Courts of the United States, including the juris-\ninstance of the Puerto Rican judicial system if initiated\ndiction over the naturalization of qualified aliens and residents in\nthere. Similarly, if initiated in the Federal courts, it will be\nthe Free Associated State.\nheard there. (There is no obstacle to removing to the\nb. All the procedures, pleadings, and records shall be con-\nFederal courts a case involving the Compact, if it\nis\nducted in Spanish, unless the Court, in the interest of justice, shall\notherwise removable on other grounds.)\notherwise determine.\nThis section further guarantees that the Supreme Court\nc. The selection of the jurors shall be conducted and their\nof the United States shall be the final arbiter of disputes\nrequisites shall be guided in accordance with the laws of the\n38\n39"
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