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I need a clear explaination so i can wrap my head around this, i have the general idea, but i'm looking for a clear cut straight up version of the state and federal court systems. thanks!

2007-02-07 04:36:45 · 4 answers · asked by Ash 3 in Politics & Government Law & Ethics

i am wondering about civil cases. why would one get transferred from state court to federal court?

2007-02-07 04:44:58 · update #1

4 answers

State courts are considered courts of general jurisdiction. They can typically hear all cases EXCEPT cases where federal law occupies that area of law. Examples of Federal Jurisdiction, immigration, bankruptcy, patents, etc.

Dan1515 is partially correct in his answer. Except that state courts are also able to hear cases which concern a federal question, i.e. constitutional rights. As long as the feds do not occupy this area.

There case/controversy involves a federal question

-OR-

Both parties are diverse (citizens of different states) AND the case/controversy exceeds $75,000

If the parties are diverse, it may be better for one party to file the suit in their own state in federal court and force the other party to travel to defend in another locale.

In a nutshell, the thought process behind wanting to have a case heard in federal courts v. state courts is that there may be the taint of bias in state courts.

2007-02-07 05:30:50 · answer #1 · answered by Peter 3 · 1 0

The primary factor is whether the dispute is based in federal law or state law. State courts generally only hear matters involving state law.
There are 2 ways for something to get into a federal court.
1: The case must rely on federal law.
2: If the case is a state law but the parties involved are from different states AND the amount of money involved in the dispute is greater than $75,000.

2007-02-07 04:56:40 · answer #2 · answered by Dan1515 2 · 1 0

No to the first answer. State courts prosecute on State violations (which as you know state laws vary from state to state). Federal Court is for Federal violations (laws handed down by the federal judges which are the same no matter what state you're in) for example, Federal may include Interstate Trafficking (moving drugs from state to state). Just like state violations are investigated by state or local police entities; federal violations fall under the juridiction of federal law enforcement (DEA, ATF, ICE, FBI). Hope that helps. Remember murder is murder and can be prosecuted on either level as will some others 'cross-over'. Additionally, sentencing guidelines vary between state & federal courts. look up Truth in Sentencing (and mostly the federal courts can rise above what the sentences are - like if the sentence in a state drug case is 15 years max that is usually the most they can get; however, those courts that can go outside the guidelines can sentence that person to 25 years if they desire and see extenuating circumstances.0

2007-02-07 04:48:26 · answer #3 · answered by Mickey 6 · 1 0

state court is for traffic violations, federal court is for felony charges.

2007-02-07 04:41:41 · answer #4 · answered by pegasis 5 · 0 3

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