0
A case that can be heard in either a state or federal court is sometimes called a "class action" case. Other cases that can be heard in federal or state courts are crimes that are punishable under both laws, federal constitutional issues, some civil rights claims, environmental regulations, and certain disputes that involve federal law.
Wiki User
∙ 9y ago
Wiki User
∙ 14y agoThose courts have CONCURRENT JURISDICTION.
Concurrent jurisdiction is exercised simultaneously by more than one court over the same matter and within the same territory with the litigant having the right to choose the court in which to file the action.
Federal courts have exclusive jurisdiction over somematters.
Civil rights cases brought under 42 USC & 1983, for example, can be heard in either state or federal court. A tort or contract case against an out of state defendant can be brought in state or federal court if the amount of damages exceeds the requisite statutory amount. There is an entire body of removal rules to remove cases from state court to federal court where there is concurrent jurisdiction.
Wiki User
∙ 13y agoThe federal and state courts have concurrent jurisdiction.
Add your answer:
Earn +20 pts
What kind of jurisdiction a court has if a case can be heard in either a federal or a state court?
Concurrent.
What kind of jurisdiction does a case have if it can be heard in either state or federal court?
Concurrent jurisdiction
The matter could be heard in either state or federal court What factors should be taken into consideration when deciding which court to bring his case?
I would bring the case to state court, because if you bring the case to federal court it can't be heard again, but if you bring the case to state court then, if you lose, the case be appealed and heard again, if they chose to hear it, in supreme court then it can't be heard again if you lose again in supreme court.
How do you get federal court?
If you break a federal law (a law that is set by US Statutes and NOT by state statute) your case will be heard in Federal Court.
Are serious crimes heard in state or federal courts?
State law crimes are heard in state court. Federal law crimes are heard in federal court. Both systems adjudicate different types of cases. In some cases the courts have concurrent jurisdiction and the authorities will conference to determine which court will take jurisdiction.
Where are any disagreements between state governments initially heard?
In federal court.
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.
What happens in court?
In civil court, the Rules of Civil Procedure are followed, either the State rules or the federal rules if the court is federal. One person brings a lawsuit, serving a summons on the defendant, then the defendant has a certain period of time to ANSWER (often 20 days). Motions are made and then the matter is heard before the court (either a Bench Trial or a Jury Trial), or the parties can settle before the case is heard in the court.
What court heard the most of the cases in this country the state courts or the federal courts?
The majority of cases in the US are heard by the various state courts.
What kind of jurisdiction does a court have if the case can be heard at state and federal level?
Concurrent jurisdiction
What if a state declares a law unconstitutional and void?
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
If you sue a police officer which federal court would hear the case?
The case won't be heard in Federal Court. The initial trial (if it ever gets that far) will be heard in the lowest level court of original jurisdiction - probably a state circuit court.
