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Do the federal courts have power to determine jurisdictional issues for state courts?
Bhenline
Only AFTER the state issue has gone entirely through that state's court system and exhausted all state appeals. Even then it must have some applicability or bearing on Federal Law or a Constitutional issue.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoYes and no. Both State and Federal systems have a similar structure, in that each has courts of original jurisdiction (trial courts), intermediate appellate courts, and some form of supreme court or courts (Texas has separate high courts for criminal and civil appeals).
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.
For example, 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 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.
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Does a dual system of state and federal courts exist today?
Yes, a dual system of state and federal courts exist today. They generally serve different purposes. The state courts are restricted to state issues. The federal courts generally deal with federal matters but can deal with state issues in matters such a law suit or civil rights issue when one of the parties is from out of state. On some issues, it also serves as a court of appeals for state courts.
Why do most cases take place in state courts?
Most cases take place in state courts because the majority of legal issues involve state laws and regulations, such as criminal matters, family law disputes, and contract disputes. State courts have jurisdiction over these cases, while federal courts tend to focus on cases involving federal laws, constitutional issues, and disputes between parties from different states. Additionally, state courts are more accessible to individuals and businesses, making them a popular choice for resolving legal matters.
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 is the name of the federal juvenile court?
There are three levels of federal courts. U.S. District Court - U.S. Courts of Appeal - The U.S. Supreme Court.
What do federal courts address?
The Federal Courts deal with issues that arise under federal law, like immigration, corporations, industrial relations, marriage and the like. The High Court also serves as the ultimate appellate court for all courts in Australia.
What two types od cases do the federal courts hear?
Law and legal issues
What cases are heard in conservation courts?
issues effecting federal lands and national parks
Do Appellate courts determine questions of fact and rule on issues of law?
No, they decide issues of procedure and legal 'correctness.' They are 'overseers' of the lower (fact finding) courts - the appeals court passes judgments on the processes, procedures, and the conduct of the trials that are sent to them on appeal. They do not hold jury trials nor hear witness testimony.
Where are conflicts between state and federal laws settled?
If issues cannot be setteled among the federal courts, the case will move to the Supreme Court. This is the highest court in the land and settle issues regarding separations of power.
Are juries are used in the state court?
No. Only trial courts use juries. The job of the jury is to determine issues of fact. The job of a judge is to determine issues of law. After the trial court is over there may be an appeal. The appellate court will review issues of law. They do not review issues of fact except for extreme cases. Supreme courts will hear cases in which there are complex issues of law that need review or clarification.
Members of which senate committee handles issues relating to the judicial branch such as federal courts and judges?
Committee on Judiciary(A+)
Can Federal Courts decide issues of State law?
No The above answere is wrong. State courts can decide issues of federal law, but they are only persuasive authority, since the Federal courts are not required to follow those decisions.
