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How would you decide whether to file a court case in a state court or in a federal court?
Wiki User
∙ 14y ago
First, you have to figure out which court has jurisdiction over the subject matter of the complaint. If both state and federal courts have jurisdiction (as they often do) then you would consider which court system you prefer based on the court fees, procedural rules, propensities of the judges, etc.
Wiki User
∙ 14y ago
Wiki User
∙ 8y agoLaws involved in the case
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Do federal courts have to permit service animals?
No. The Americans with Disabilities Act applies to state and municipal courts, but not to federal courts. Each federal court judge may decide whether to permit a service animal to enter his or her court.
How would you decide whether to file a court case in a state or in a federal court?
First, you have to figure out which court has jurisdiction over the subject matter of the complaint. If both state and federal courts have jurisdiction (as they often do) then you would consider which court system you prefer based on the court fees, procedural rules, propensities of the judges, etc.
Should James Holmes have trial in federal court rather than state court?
The legal system will decide. It is not a decision for the public.
Can a law suit against the FAA be tried in a state court?
I believe the FAA is federal, not state. I do not think state courts would decide on federal matters. If you knew what FAA stood for... Federal Aviation Administration
What does the Supreme Court use to decide whether a State law amounts to an establishment of religion?
The Lemon Test
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.
How is jurisdiction divide in dual court system?
In the American Dual Court system, the Federal Court governs the laws passed by the federal government, controversies between states, as well as deciding how the Constitution applies to both federal and state laws. The various State Courts decide cases based on the laws passed by each state legislature.
What was the situation before The Supreme Court's decision in the McCulloch v. Maryland case?
It wasn't clear whether state laws could inferfere with Federal Laws
Which group of people in the US government decide if state laws are unconstitutional?
The justices of the US Supreme Court, provided a state law conflicting with the federal Constitution is part of an appeal before the Court.
What power does the judicial branch have?
The power to decide and contrives. They have to decide whether a national or state law conflicts with the constitution.
How is jurisdiction divided in the dual court system?
In the American Dual Court system, the Federal Court governs the laws passed by the federal government, controversies between states, as well as deciding how the Constitution applies to both federal and state laws. The various State Courts decide cases based on the laws passed by each state legislature.
Can the state try a federal crime in state court?
No. Violations of federal law are tried in US District Court. Violations of state laws in the state court system.
