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3 answers

As Coragryph says, they are generally similar in structure, having trial courts, appellate courts, & a single supreme court to resolve differences among the lower courts & assure unifirmity of the law throughout the jurisdiction.

There is one very substantial conceptual difference however. The states are the successors to the sovereignty of the English Crown & their courts (with the exeption of Louisiana's) assume ALL the powers & jurisdiction that the English courts had under the common law within their state boundaries. The Federal courts have ONLY the express jurisdiction granted by Article III of the United States Constitution: This is only over "cases and controversies" arising under the Constitution, laws and treaties of the United States and to those involving certain kinds of litigants (between the states; involving foreign governments, ambassadors & similar; & between citizens of different states) and only if Congress has given them them the power to hear such cases. As a result the kinds of cases the federal courts can hear and the kinds of judgments the federal Courts can grant are sharply limited and can change as quickly as Congress can enact a law & get it signed by the President. This means that in addition to the substantive law, every federal case involves issues of "standing;" whether the parties & the case can be heard by the court at all.

2007-03-29 10:26:24 · answer #1 · answered by Anonymous · 0 0

First, they are separate hierarchies run by separate sovereigns that enforce different laws. Federal courts address federal civil issues and prosecute federal crimes. State courts address all civil issues (except those which are exclusively federal) and state criminal prosecutions.

There are literally thousands of specific differences in how they function. But there are some overall similarities. All have a judge. All allow for some type of appellate review. Most allow for juries in civil trials. All allow for juries in criminal trials. And so on.

2007-03-29 08:41:12 · answer #2 · answered by coragryph 7 · 0 0

Depends on what law was borken, federal, or state

2007-03-29 08:37:33 · answer #3 · answered by skcs11 7 · 0 0

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