please and thank you
2007-11-27 10:10:18 · 12 answers · asked by †ღChristian♥Girlღ† 2 in Politics & Government ➔ Law & Ethics
i meant "tried" not trued
2007-11-27 10:14:20 · update #1
Generally in the State courts of the State where the issue arose, or where the defendant resides or has his place of business.
Some States have "long arm" statutes that let you sue a non-resident, and all States have different laws about what constitutes sufficient presence in a State to be subject to suit there.
Contrary to what one of the other answerer's said, civil suits between private parties (people or corporations) are hardly ever tried in a Federal Court.
Lisa... you got a "thumbs down" because your original answer said usually Federal Court, and that's just not the case. Cases where Federal Court is the court of original jurisdiction are a TINY fraction of cases - there are far, far more cases over a few hundred dollars than there are over 1332 amounts.
Richard
2007-11-27 10:17:24 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
It depends on the type of case.
If it was over a contract between the two of you, it would be filed in the state the contract specified.
If there is no contract it should be filed either in your home state or the home state of the person you are suing or the state where the activity in question occured.
One always prefers to file such cases in your home state so you don't have to travel to another state for court appearances.
Divorces are civil cases which by law must be filed in the last state where the two of you lived as a couple for the last six consecutive months.
PS: I'm not a lawyer, just a preacher with lots of knowledge of the law.
2007-11-27 11:11:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
That will take about half a semeseter of law school civil procedure class to properly answer your question, but to be more simple, usually in federal or state court in the state where the action arose. (There are many other exceptions, requirements to be met, possible scenerios and such.)
Look up Personal Jurisdiction and Subject matter jurisdiction.
How did I get a thumbs down for an accurate answer with additional sources to back it up? It's not black and white dear. Simply put.
Side note because rick brought it up: Big law suits where there is more than $75,000 at issue using USC 1332 are tried in federal courts; anything less than that, would be tried in state court. If this sounds complicated then that's because it is.
2007-11-27 10:14:32 · answer #3 · answered by Eisbär 7 · 2⤊ 1⤋
There are multiple questions to think about. The value of the suit, if it is over $75,000 it could be filed in federal court based on diversity jurisdiction. If you are suing under a federal question, such as Title VII sexual harassment, then it could be sued in federal court as well. Most other will be in state court (which is most cases) then the question of which state court it will be set in happens, generally it's where the alleged harm took place, but there are many other ways to get a suit in another state than then party's home. Minimum contacts, stream of commerce, physical entry of the forum etc.
2007-11-27 14:42:38 · answer #4 · answered by Damien T 3 · 0⤊ 0⤋
boils down to jurisdiction and more than one court can have it. there is a possibility of federal court subject matter jurisdiction based on diversity of citizenship which is not always the case. nonetheless, venue is in a state whether fed or state court. otherwise this is a personal jurisdiction issue depending on your state's laws (as well as the us const) and the facts and circumstances of your case. you need to give more info for an intelligible answer beyond a civil jurisdiction lecture by attorneys
2007-11-27 10:34:12 · answer #5 · answered by qb 4 · 1⤊ 0⤋
Hate to tell you, but there are so many variables in this that there is an entire law school course devoted to the question. Probably, as a general rule, the suit would be heard in the jurisdiction where the harm occurred, but that is not always true (and determining where the harm occurred can itself be tricky--think internet fraud).
2007-11-27 10:17:15 · answer #6 · answered by Anonymous · 2⤊ 1⤋
The case would be tried in the court of the state where the lawsuit was filed if that court has jurisdiction.
2007-11-27 10:13:23 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Generally, it would be tried where the dispute arose. Where the defendant and his assets are located may also come into play. If it is over $75,000 it could go into federal court.
2007-11-27 10:37:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Depends on a lot of things. Give more details.
State, ages of the parties involved, reason for lawsuit (can be brief, is it over an item or what?).
2007-11-27 10:16:50 · answer #9 · answered by razzlephrat 2 · 1⤊ 0⤋
It is usually tried where the law suit was filed. Sometimes a change of venue can be filed to change that.
2007-11-29 10:54:49 · answer #10 · answered by electroprayer 4 · 0⤊ 0⤋