Pursuant to Federal Rule of Evidence 201, the Court may take judicial notice of papers filed in other courts. (See Burbank-Glendale-Pasadena Airport Auth. v. City of Burbank, 136 F.3d 1360, 1364 (9th Cir.1998). -Request that the Court take judicial notice of various documents filed (Super. Ct. Cal., Santa Clara County, Aug. 17, 19 & 20, 1999). California Superior Court for the County of Santa Clara. This Court has jurisdiction of, inter alia, "all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. This type of jurisdiction is known as federal-question jurisdiction. The Court also has jurisdiction of "any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies...." (28 U.S.C. § 1337.) These provisions provide the asserted statutory bases for the Court's exercise of jurisdiction in the present case. -The United States Supreme Court has stated that the "vast majority" of cases for which such jurisdiction exists "are those in which federal law creates the cause of action." Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804, 808, 106 S. Ct. 3229, 92 L. Ed. 2d 650 (1986). Although the federal statute at issue in the instant action, 49 U.S.C. § 14501, does not create an express cause of action for its violation, a federal statute can create an implied right of action. See J.I. Case Co. v. Borak, 377 U.S. 426, 84 S. Ct. 1555, 12 L. Ed. 2d 423 (1964).
-The City of San Jose shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this charter; provided that nothing herein shall be construed to prevent or restrict the City from exercising or consenting to, and the City is hereby authorized to exercise any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general laws of the State; provided, also, that where the general laws of the [4 Cal.2d 763] State provide a procedure for the carrying out and enforcement of any rights or powers belonging to the City, said procedure shall control and be followed unless a different procedure shall have been provided in this charter or by ordinance. "It is the intention of the People of the City of San Jose in adopting this Charter amendment to take advantage of the provisions of the 1914 amendment to Section 6 of Article XI of the Constitution of the State of California, giving cities Home Rule as to municipal affairs." Pursuant to Federal Rule of Evidence 201 District of Columbia Home Rule Act: Political divisions (also referred to as administrative divisions) of the United States According to the U.S. Internal Revenue Service, Federal and state governments are established and recognized by the U.S. Constitution and state constitutions. Federally recognized Indian tribal governments are recognized by the U.S. Constitution, treaties, statutes and court decisions. Other entities may be recognized as governments by state law, court decision, or an examination of facts and circumstances that indicate it has the characteristics of a government, such as powers of taxation, law enforcement and civil authority. Home Rule Charter. District of Columbia Home Rule Act. To reorganize the governmental structure of the District of Columbia, to provide a charter for local government in the District of Columbia subject to acceptance by a majority of the registered qualified electors in the District of Columbia, to delegate certain legislative powers to the local government, to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia, and for other purposes.Enacted by 93rd United States Congress Pub.L. 93–198 (Statutes at Large 87 Stat.