0
Can federal and state courts have jurisdiction over the same case?
Wiki User
∙ 14y ago
Answer
A federal court never has jurisdiction over a state court. They are separate. However, in criminal cases, once state remedies have been exhausted, a prisoner may present any relevant federal issues to the appropriate federal circuit court. These should have already been presented in state court. Some of those issues may be reversed and remained to the state court. That means that the Federal Circuit Court sat as a court of appeals. The issues that were reversed became issues that were thrown out. It is now up to the prosecutor to decide if the prisoner will be retried on those issues. Frequently, when that happens, the prosecutor does not bother. Instead, the judge simply reduces the sentence based on the remaining issues. In an out of state civil suit, the out of state plaintiff or defendant may insist on using a federal court rather than a state court. The fact that the opponent's lawyer contributes heavily to the states judge's political campaign might influence his decision.
State civil judgments might be appealed to the United States Supreme Court.
Answer
Federal courts lack jurisdiction over state and municipal laws and state constitutional issues, provided they're not in conflict with the US Constitution.
Jurisdiction is established by each system's constitutional and statutory mandates. The United States Constitution and US Code determine what subject matter is heard by the federal judiciary, and by which courts and tribunals within that system; generally, anything falling outside federal jurisdiction belongs to the states or territories. States have exclusive jurisdiction over all cases involving state constitutional and statutory issues (provided the cases don't also involve federal questions, which complicates matters). Occasionally, jurisdiction may overlap, providing plaintiffs with an opportunity for forum shopping or with an extended avenue of appeal.
Cases heard under state jurisdiction that also include federal questions (issues of federal or constitutional law), may be appealed from the state judiciary to the federal judiciary once state appeals are exhausted, provided those issues have been preserved (raised at each level of appeal) throughout the state appeals process.
Other considerations that may apply:
- A defendant in a case involving both state and federal or constitutional issues may invoke removal jurisdiction and demand the case be moved from state to federal court.
- Federal courts may exercise supplemental jurisdiction if they hear a case that is substantially within federal subject-matter jurisdiction but also involves questions of state law, such that the federal court may rule on issues of state law.
- Civil cases heard under diversity jurisdiction, where the petitioner and respondent reside in different states must rely on the laws that apply in the state where the case was filed. Federal courts only exercise diversity jurisdiction for amounts in excess of $75,000.
- Federal cases can't be removed into state courts.
This is an incomplete overview of a very complex subject. Law schools offer entire courses related to the powers and limitations of state and federal courts.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoYes and that happens more often than people know. Let's say you have federal and state causes of action and the federal one does not shut out the state one (some Federal Laws do under the "supremacy" clause of the US constitution). I think most attorneys would file in federal court with "pendant" state actions. One other major way is through "diversity of jurisdiction" where you're in one state and the defendant is in another state, and the amount you're claiming is over $75,000.00. In that case you could bring the case in either federal or state court. Federal courts don't necessarily care for them because the clog the federal docket (and the rules on whether you've really got a $75,000 case can be a bit tricky) but if it's a solid case, yup.
Wiki User
∙ 14y agoYes they do, the Supreme Court has Original Jurisdiction over disputes between states.
Wiki User
∙ 13y agoYes. In conflicts between two or more states the US Supreme Court has exclusive original jurisdiction. The case would have to be heard there.
Wiki User
∙ 12y agoYes, if the amount of the claim in a civil case is in excess of $75,000, the plaintiff may use federal diversity jurisdiction to move the case from state to federal court.
Add your answer:
Earn +20 pts
Which court hears cases over which state and federal courts have concurrent jurisdiction?
Yes. When both state and federal courts have authority to hear the same case, it's called concurrent jurisdiction.
When state and federal courts share authority to hear a case is called?
Concurrent jurisdiction
When both the state court and the federal court have jurisdiction what is it called?
When state and federal courts both have authority to hear the same case, they have concurrent jurisdiction.Each system has both courts of original jurisdiction (trial courts) and courts of appellate jurisdiction. State courts typically hear matters involving state questions; federal courts hear matters involving federal questions. There are some exceptions, however, when a case may be heard in either state or federal court.For more information, see Related Questions, below.
What kinds of cases are decided in federal courts?
Federal courts have jurisdiction over cases that involve federal law. There are also a few jurisdiction issues that could bring a state law case into federal court.
What kinds of suits involving state citizens can federal courts hear?
Federal courts hear cases with federal jurisdiction. Such jurisdiction comes if the case hears a question of federal law or if the case has diversity jurisdiction (parties are citizens of different states and minimum dollar amount is in dispute.)
In cases of medical negligence what courts have the jurisdiction to hear the case?
Your State Court or Federal court have jurisdiction to hear the case of medical negligence.
To have a case decided by a federal court you must have what?
A case over which the federal courts have jurisdiction.
What proves jurisdiction?
This is a complicated question. There are two court systems in America; the state courts and the federal courts. State courts are courts of general jurisdiction, they can try any case under any law between any parties. Federal courts are courts of limited jurisdiction. The federal courts can only hear cases under "federal question jurisdiction" and "diversity jurisdiction" Federal question is when the case is being tried on a federal law. For example, a person who is suing their employer under Title VII of the 1964 Civil Rights Act for disparate treatment discrimination (a federal law) can sue in federal court. Diversity jurisdiction is a little more complicated. To establish diversity jurisdiction, you must be suing a person from another state over a controversy of over $75,000. For example, if a Wisconsin resident is suing a minnesota resident for burning down his $100,000 house, he can sue in federal court. Hope this helps.
Can both state courts and federal courts have jurisdiction over the same matter and parties?
It depends on the matter and whether it is a civil matter or a criminal matter.Added: There are areas where state and federal jurisdiction overlap, however - one of them would have to surrender their jurisdiction to the other. The case can not be heard concurrently, only one system can hear or try the case.
Federal courts can hear and decide cases on the basis of?
Simply, if the case arises under federal statute or is a case of constitutional interpretation federal courts will have original jurisdiction.
This type of jurisdiction means that both federal and state courts can hear a case?
A state may have concurrent jurisdiction with a federal court when, for example, a crime defined under state law is committed on federal property, and certain offenses involving Indian tribal members.
Can a state case be admissible in federal court?
With one exception, a case that raises only state related issues cannot be tried in federal courts, because federal court jurisdiction is limited to cases that raise federal questions. The only time a case that raises only state issues can be filed in federal court is where the case qualifies for federal diversity jurisdiction, i.e. both parties reside in different states and the amount in controversy exceeds $75,000. Federal diversity jurisdiction parameters are fixed by a federal statute.
