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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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