What circumstances need to be met for a case to go from a State to Federal Court?

Answer 1

Well, if the accused commits a felony and crosses state lines would be one for sure.

A violation of federal statutes would be another.

Michael Vick is a prime example. He violated federal racketeering laws (not to mention local animal cruelity laws), so his case has federal jurisdiction.

Answer 2

There are two circumstances.
1. A question of Federal Law is involved. (In criminal cases you would be prosecuted in Federal Court for violating a federal law).

2. The parties are citizens of different states. (Diversity of Citizenship) AND in civil cases there is an amount in controversy that exceeds 75,000 dollars. BUT IN this circumstance it must be removed to Federal Court by the Defendant after first being brought by the plaintiff in state court.

The answer above me is exactly right.

Answer 3

To clarify, given some confusing answers above, where a criminal case is filed depends upon what laws were broken. If a defendant is alleged to have violated state laws, the case must be filed in state court. If a defendant is alleged to have violated federal laws, the case must be filed in federal court. If a defendant is alleged to have violated both state and federal laws, any state charges must be filed in state court and the federal charges must be filed in federal court.

A civil case can be filed in state court (even if federal laws were involved). If the case was filed in state court, it can be "removed" from state court if the parties are from different states (or countries) and the value of the claim exceeds the minimum value noted in the previous answer.

A civil case can be originally filed in federal court only if it involves a federal claim (i.e. it is based on a federal statute or the U.S. Constitution) or if the parties are from different states or countries and the value exceeds the minimum value noted in the previous answer.

Answer 4

Any case that could be brought initially in federal court can be removed to federal court by the defendant. This includes: actions where the parties are from different states and the value of the claim is in excess of $75,000; actions that deal with a significant question of federal law or Constitutionally-guaranteed freedoms.

Answer 5

Mild is right! It needs to violate a federal law, or be a constitutional issue!

We have a few Republicans in Federal pen up here as they violated the US Voting Laws by blocking Democrats telephone lines on election day in 2004 so they couldn't give anyone a ride to the polls!

Answer 6

Usually anything involving stolen firearms or drugs over a certain amount is federal. Most bank robberies are automatically handled by the feds due to the FDIC. Also explosives usually fall under federal.