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To have a case decided by a federal court you must have what?
A case over which the federal courts have jurisdiction.
What must court case involve in order for the Supreme Court to hear them?
Constitution, treaties, or Federal Laws
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.
Must a case in which a resident of Nebraska sues a citizen of Louisiana be heard in federal court?
No
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).
When can the Supreme Court rule on the Constitutionality of the law?
The US Supreme Court can review and determine the constitutionality of any law -- state, federal or municipal ordinance -- that is relevant to a case or controversy before the Court. It is important to note that the Court must have proper jurisdiction (typically appellate jurisdiction) over the case in order to consider any aspect of the laws involved.
How can one initiate a lawsuit against a state in federal court?
To initiate a lawsuit against a state in federal court, one must first ensure that the case falls under the jurisdiction of federal court, such as a violation of federal law or the U.S. Constitution. Then, the plaintiff must file a complaint in the appropriate federal court, following the court's rules and procedures. It is important to note that there are specific legal requirements and limitations when suing a state in federal court, so seeking legal advice from an attorney experienced in federal litigation is recommended.
Must a case in which a resident of nebraska sues a citizen of Louisiana be heard in a federal court?
No. If the suit is over a certain dollar amount, it can be heard in federal court under diversity jurisdiction. If it involves federal law, it can also be heard in federal court under federal question jurisdiction. Unless it is a matter of exclusive federal jurisdiction, the state court maintains concurrent jurisdiction.
When a case has been removed to Federal Court must the State court stop till and if the case is remanded back to the State Court?
Yes. Any state action is held in abeyance until it is determined what the federal circuit will do with the case. This does not necessarily mean that the state will cease investigating or collecting information to bolster its case - ONLY that any legal action at the state level will cease.
What case can be heard in federal court?
It really depends, but for crime it is interstate, or if somebody is suing the national government. This is not a complete answer.The simple answer is, in any of the following conditions:Whenever a Federal criminal statute has been broken.If, in a civil case, the Civil Law in question is a Federal one (e.g. Maritime law regarding salvage rights)When there is a possible violation of Constitutional Rights (e.g. Habeas Corpus)When both parties to the dispute are StatesWhen one party of suit is the US Federal Government (i.e. the Federal Government is being sued or is suing someone)If there is a dispute about which State should have jurisdiction in a case (either criminal or civil), a Federal court will either (a) make a decision as to who has jurisdiction to hear the case, or (b) decide to have the case moved to Federal court.Typically, appeals of State Court decisions must fall under #3 - that is, there must be some Constitutional issue to be decided. Federal Courts do NOT act as general review of State courts. For instance, murder is usually a State crime, and would be prosecuted in a State Court, with possible appeals of issues in the murder case handled up to the State's Supreme Court. A Federal Court could only get involved if there was a possible violation of a Constitutional Right; in which case, the Federal Court is not ruling on the facts of the murder case (i.e. isn't deciding whether the defendant is guilty of murder), but is ruling on the application of Constitutional Rights in the case. Of course, this may result in the defendant being set free, but that's not the same as declaring the defendant innocent (indeed, it is possible to re-try the case without Double Jeopardy attaching).
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.
What are the three ground rules that must be satisfied before a federal court will hear a case?
Federal courts are courts of limited jurisdiction. That means, their power to hear cases is deliniated by the Constitution. If a case falls outside of the requirements set forth in Article III of the Constitution, a Federal court cannot hear the case. The three "requirements" are: Jurisdiction (is the court permitted to hear the case), Standing (do the parties have a right to bring the claim to the court) and Controversy (there must be a dispute to be litigated). Now, these are the very basic requirements. Congress has the authority to further define each of these elements for the Federal courts, as well as, the Federal court's themselves. On the other hand, state courts are courts of general jurisdiction. This means a matter can always be brought before a state court. Whether or not the matter can remain in state court is another question.
