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2007-02-13 09:18:59 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

4 answers

Cases in which the federal court system was granted jurisdiction both by the Constitution and by Congress. Currently, cases with a 'well pleaded' federal question have subject matter jurisdiction in the federal courts. 28 U.S.C. § 1331: However, if Congress decided to, it could give them, by statute, jurisdiction over a broader number of federal question cases, such as ones which might involve federal law in the defense. Keep in mind that the federal question jurisdiction can only reach as far as Congress' power to legislate (such as interstate commerce). Although such power is interpreted broadly, under Erie Railroad Co. v. Tompkins , Federal Courts may not develop their own common law on matters that the Constitution reserves for the states.

Likewise, parties from two different states, between an alien and a citizen, or citizens suing a State may sue in Federal Court if the plaintiff is asking for $75,000. 28 U.S.C. § 1332. Congress can lower or raise this amount, and can alter how many of the parties need to be diverse. Currently, no defendant may be from the same state as any plaintiff, but the constitutional parameters are more inclusive, and Congress may alter this if it wishes.

In fact, although the jurisdictional Statutes prevent one foreign citizen from suing another foreign citizen, and act of Congress which provided for such suits was upheld since it only had to conform to the Constitution, not the narrow jurisdictional Statute.

There is also subject matter jurisdiction in the Constitution for a number of matters which are less relevant since they are less often litigated (such as those involving maritime law, foreign ministers, etc)

The broad provisions which provide the outer limits of subject matter jurisdiction, but which must be given through statute to have effect, follow:

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects."

2007-02-13 09:59:34 · answer #1 · answered by LawGeek 3 · 0 0

Federal cases. Cases that involve a federal question. Or cases based on diversity where one party is a citizen of a different state than the adverse party and the matter involves $75,000 or more.
A case can be removed from state court to federal court if the case meets these criteria. A district court is not a "lower" court, it is a federal court, as opposed to a state (county) court, like municipal court or superior court. In California, for example, we have four district courts, one for the northern district, one for the eastern district, one for the central district, and one for the southern district of California.

Edit: It does get confusing, however, when in states like Nevada every municipal court is called a "district court." So, to be clear, it is a U.S. District Court I was describing. Hope that's what you meant.

2007-02-13 17:22:13 · answer #2 · answered by Anonymous · 0 0

I'm not sure how the courts are set up where you are, but here the District courts are State-run courts between Circuit Courts and the State Supreme Court. District Courts handle appeals from the Circuit Court and Civil cases that are asking for more than $3000.

2007-02-13 17:24:07 · answer #3 · answered by Crys H. 4 · 0 1

I think less serious crimes in the jurisdiction of the lower court.

2007-02-13 17:21:40 · answer #4 · answered by Anonymous · 0 1

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