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That it involves a question of federal law or that the federal court has jurisdiction for some other reason, such as diversity.
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∙ 12y ago
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What determines if a case goes to federal court or state court in Montana drug offenses?
If the crime carries a felony punishment, your case will go to federal court. The amount of drugs you have on your person will determine if it is a felony or not.
Case information on Federal inmate Washington state?
Go to the federal Disrict Court in which the inmate was convicted and request to see the case file.
Where do remanded federal court cases always go?
When a case is remanded it goes back to the court where it was originally tried. In the federal court system, that would usually be a US District Court.
Why didn't the case for Claudette Colvin go to federal court?
She became pregnant and was unwed.
What must be involved in a case for it to go to federal court?
Felony and treble damages, utherwise u have mesdemenor. Federal court is for federal crimes and municpal court and others is for other type of crime. Dont get it mixed up.
What steps do cases go through to reach the Supreme Court?
The case must first be heard at the lowest level of court. Most states have a court system that exists in the same area as a federal magistrate court or federal district court. The case must be decided by the lower court and appealed to a higher court. In the federal system this is the circuit court. Once all the lower courts have been exhausted, the lawyers may apply to be heard by the Supreme Court. The Supreme Court will determine which cases it will hear.
How do you find a pending federal case on the internet?
First you google 'Federal Court', then open a Pacer Account with a credit card. After your account has been approved, you are free to look up any federal case online. If you do not have a credit card, you can go to your nearest Federal Court and use their public computers for free.
Do state court orders stay in effect when case is removed to federal court?
If I am understanding question correctly depending on outcome of federal court, state court still reserves the right to go back and try to prosecute on state level but most of the time they don't,
When do you go to the US Circuit Court of Appeals?
You can appeal a case to the US Court of Appeals Circuit Court for the appropriate circuit following a trial in US District Court. Both courts are part of the federal Judiciary Branch.
What branch of government reviews both federal and state court decisions?
Appellate courts in the Judicial Branch of the federal government have jurisdiction (power, authority) to review lower court decisions if the case is sent to them on appeal. Judges don't go looking for cases to review.Generally,* in order for a state case to be removed to federal court, the case must involve a a federal question. A "federal question" is one that involves matters related to federal law, the US Constitution or a US Treaty. State cases appealed to the US Supreme Court additionally must have exhausted all avenues of appeal in the state court system, and the federal question must have been "preserved," meaning it have been raised at trial and at each subsequent level of appeal.* There are some exceptions, but including them would make the answer to this question unnecessarily complex (some people may think it already is).
What two ways cases come to the Supreme court?
Cases come to the Supreme court in two ways:Under original jurisdiction, which currently includes only disputes between the states.Under appellate jurisdiction, where the case (usually) has exhausted all appeals in the federal or (sometimes) state court system.Basically, a case can go to the Supreme Court through appeals. Another way a case can make it to the Supreme Court is if it involves changes to the federal law.Cases are not directly filed with the US Supreme Court. They must begin in the Federal Circuit in one of the US District Courts or in a state trial court.If a verdict unsatisfactory to one side in the case is rendered, the next step is to appeal that case to the US Federal Court of Appeals for the Federal District in which the District Court was located, or to the court of appeals for the state in which the case was originally tried.If the verdict is still unsatisfactory, it may be submitted to the US Supreme Court (unless the case originated in the state court system, in which case it must be petitioned to the state supreme court first) which will then decide on whether it wishes to hear the case, or not.If not - they will remand it back to the Court of Appeals for final jurisdiction. If they DO accept it, they will hear arguments from the attorneys for both sides, and then each Justice will render their own opinion on the case. The majority of opinions decides the case.
3 ways cases reach the supreme court?
Under original (trial) jurisdiction (disputes between the states);Under appellate jurisdiction from federal courts;Under appellate jurisdiction from the states if the other avenues of appeal have been exhausted and the case involves a preserved federal question.
