2006-11-19 18:13:10 · 7 answers · asked by mixd_princess1985 1 in Politics & Government ➔ Law & Ethics
"Diversity jurisdiction" explains how what might otherwise be a state law claim can end up in federal court. It requires--and this is somewhat oversimplified--that the plaintiff allege (in good faith) more than $75,000 in damages and that the plaintiff and defendant be domiciled (residents) in different states (again, for the purposes of this answer a corporation can be deemed domiciled where incorporated or where its principle place of business is).
Sometimes a plaintiff will file in state court but a defendant will seek to have the case "removed" to federal court. Likewise a federal court may sometimes send a case back to state court (say if the diversity requirement is not satisfied).
As a final point, the federal courts have original jurisdiction over federal claims (cases the turn on interpretation of federal laws or constitutional issues) and the US supreme court may review state supreme court decisions that raise federal questions (for example the recent Kelo decision in which the question was raised whether or not New Haven Connecticut's redevelopment plan violated te 5th Amendment's takings clause).
2006-11-19 18:31:34 · answer #1 · answered by Mogul 1 · 1⤊ 0⤋
By the so called "Diversity jurisdiction"[1].
Article III, § 2 of the United States Constitution[2] permits federal courts to hear state cases if the parties are from different states.
2006-11-20 02:17:41 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
Mogul is correct.
Either a state law issue is filed in (or removed to) federal court based on diversity jurisdiction, or a federal question is appealed from the state supreme court.
2006-11-20 04:01:34 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
WHen people appeal the case because they are not satisfied with the results....usually after spending tons of money on attorneys fees...........ends up in federal court when it's not settled at the state level....thru appeals.
2006-11-20 02:21:47 · answer #4 · answered by jazi 5 · 0⤊ 0⤋
Some crimes are tried in state court and some such as tax issues are held in Federal courts. It depends on the law that was broken.
2006-11-20 02:18:53 · answer #5 · answered by Kenneth H 5 · 0⤊ 0⤋
Through the appeals process or federal charges.
2006-11-20 02:15:30 · answer #6 · answered by tmills883 5 · 0⤊ 0⤋
By people exercising their right to appeal.
2006-11-20 02:20:51 · answer #7 · answered by Janeybaby 2 · 0⤊ 0⤋