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What are the key differences between federal and state courts in terms of jurisdiction and the types of cases they handle?
Federal courts have jurisdiction over cases involving federal laws, the Constitution, disputes between states, and cases involving the United States government. State courts have jurisdiction over cases involving state laws, contracts, property disputes, and criminal cases that are not under federal jurisdiction. Federal courts handle cases that involve federal laws and the Constitution, while state courts handle cases that involve state laws and local issues.
District courts have authority to hear federal cases first?
Yes. US District Courts are the trial courts of general jurisdiction. They hear civil and criminal cases that involve federal and constitutional law and US treaties, provided the case doesn't fall under the jurisdiction of one of the US Special Courts (bankruptcy, tax, etc.).
Does military law fall under federal jurisdiction?
Yes, military courts are under federal jurisdiction. Military courts are Article II courts in the Executive Branch of government, but the US Supreme Court has appellate jurisdiction over cases appealed from the US Court of Appeals for the Armed Forces.
Do federal courts have jurisdiction over divorce cases?
No. Divorce falls under the purview of state law.
What is a case where the original jurisdiction is the federal court?
In cases arising under federal law, the federal courts have federal question jurisdiction. Federal jurisdiction can also arise where there is diversity of citizenship between the parties, as where they reside in two different states.
What is example of a case where the original jurisdiction is the federal court?
In cases arising under federal law, the federal courts have federal question jurisdiction. Federal jurisdiction can also arise where there is diversity of citizenship between the parties, as where they reside in two different states.
What percentage of federal court cases do the US District Courts hear?
The US District Courts hear approximately 80% of new federal cases; the US Court of International Trade and US Special Courts hear the remainder of the cases under original jurisdiction.
What is the difference between a Federal Court and a Provincial Court in Canada?
Provincial Courts have jurisdiction only in their respective province, whereas Federal Courts have unlimited jurisdiction in Canada. Judges in Provincial Courts are appointed by premiers whereas Judges in Federal Courts are appointed by the governor general or prime minister.
Which is a cases where the federal courts have original jurisdiction?
Any case arising under federal law. Examples would be admiralty law, federal tax law, or bankruptcy.
Do federal courts have original jurisdiction?
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.
Cases involving maritime law come under jurisdiction of the?
Cases involving maritime law typically come under the jurisdiction of federal courts in the United States, as maritime law is governed by federal statutes and treaties. Additionally, state courts may have jurisdiction over certain maritime cases if they involve local laws or issues. The U.S. Constitution grants Congress the power to regulate commerce on navigable waters, which further reinforces federal jurisdiction in these matters.
Who has the power to create federal courts that are below the supreme court?
The power to create federal courts below the Supreme Court lies with Congress, as outlined in Article III of the U.S. Constitution. Congress has the authority to establish lower federal courts and determine their jurisdiction and structure. This includes the creation of district courts and appellate courts, which serve to handle cases that fall under federal jurisdiction.
