Reproach
TrialsUS District Courts are the trial courts of the Judicial Branch of the Federal government. Appellate courts, like the US Court of Appeals Circuit Court and the US Supreme Court, only consider the question or questions raised on appeal and do not retry the case or make determinations of guilt.
No. Federal questions (having to do with US constitutional law, federal law or US treaties) are raised by a party to a case(his or her attorney) at the trial level, and at each subsequent appellate level. The courts rule on the questions, they don't create them.
The Supreme Court is the highest of the federal courts. Cases from the court of appeals in each circuit and from the state supreme courts can be appealed to the Supreme Court. The Supreme Court can "reach down" to the lower courts and hear that case, or, it can hear a case on appeal from the lower federal courts or highest state courts, at the Supreme Court's discretion.
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An easy answer might be that a federal case is one that is tried in federal courts and a state case is one that is tried in state courts, but it is not that simple. A federal case is one which involves enforcement of federal statutes or the Constitution or civil cases under the so-called diversity jurisdiction of the courts. Diversity jurisdiction allows issues that would ordinarily be state cases to be tried in federal courts if the parties are located in different states and the amount in controversy exceeds a statutorily fixed amount. One might say that this is simply a state case in a federal court, but it is more correct to call it a federal case since federal law created federal diversity jurisdiction and since it is being tried in a federal court. A state case is one which involves enforcement of state statutes or case law (like personal injury, contract and state criminal offenses). Sometimes federal issues are raised in state courts. Nothing prohibits a party in a state court from raising federal constitutional issues. In fact it is common, such as when in a state criminal trial, the accused alleges his federal constitutional rights have been violated. Examples are demands to exclude evidence that has been obtaine through an allegedly unreasonable search and seizure, or that a new trial should be had because the defendant was denied competent counsel and other protected rights. The mere raising of a federal issue does not require it to be heard in a federal court.
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Yes. Original jurisdiction means the court is first to hear a case; these are often called trial courts. Appellate jurisdiction means the court reviews a case already tried in a lower court to determine whether the law and constitution were properly applied. The Supreme Court has original and exclusive jurisdiction over disputes between the states. Under the Constitution, the Court also has original jurisdiction in cases involving ambassadors and other foreign dignitaries, but it shares jurisdiction with the US District Courts, which currently hear those cases. The Supreme Court has appellate jurisdiction over cases involving preserved federal questions from both state and federal courts. A "federal question" means the case involves matters related to federal or constitutional law or US treaties. "Preserved" means the "federal question" has been raised at the trial and each stage of the appeals process.
Generally, state court decisions can only be appealed to the US Supreme Court (not lower federal courts) if all avenues of appeal have been exhausted within the state court system and if the case involves a preserved federal question. A federal question is a matter that involves federal law, the US Constitution, or a US treaty. In order for a question to be preserved, it must be raised at the trial and at every appellate level.
Twelve of the thirteen US Courts of Appeal Circuit Courts have territorial jurisdiction over appeals of general criminal and civil cases original tried in US District Courts. The US Court of Appeals for the Federal Circuit has nationwide subject matter jurisdiction over cases originally heard in special courts, such as the US Court of Federal Claims, the US Court of International Trade, the Court of Veterans' Claims, and cases involving patent disputes, decisions made by government boards and departments, and other entities.
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.
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