0
State courts have jurisdiction for everthing in the United States of America in which the federal courts do not have exclusive jurisdiction, such as bankruptcy, copyright and federal tax actions or which the state legislatures have not limited the state's court from having. In the United States of America, as a general rule, we have two diffierent kinds of basic jurisdiction: federal or state or both.* Of course, knowing what kind of jurisdiction is the prevailing jurisdiction is critical. Large numbers of lawsuits, televesion dramas ( 'we're the XXX; it's our jurisdiction now') relatively bad movies and a lot of reality is based on finding the right jurisdiction, or territory (not just geographical) but rather who's in charge sort of territory. *One does not see it discussed a bunch, because of practical considerations. Example: EVENTmight occure; it 'violates' two diffierent laws in two diffierent jurisdictions. One jurisdiction just might not bother with the matter depending on the outcome in another jurisdiction. In a rough sort of way 'LAW' , that is a search of Man for order, reason, justice and mainly finality so we can all get on with our lives and matters, is satisfied when EVENTS are tended to, but not necessarly in our own backyards.
Wiki User
∙ 16y ago
Wiki User
∙ 12y agoState and Federal Jurisdiction, In General
Jurisdiction is established by each system's constitutional and statutory mandates. The United States Constitution and US Code determine what subject matter is heard by the federal judiciary, and by which courts and tribunals within that system; generally, anything falling outside federal jurisdiction belongs to the states or territories.
States have exclusive jurisdiction over all cases involving state constitutional and statutory issues (provided the cases don't also involve federal questions, which complicates matters). Occasionally, jurisdiction may overlap, providing plaintiffs with an opportunity for forum shopping or with an extended avenue of appeal.
State cases that may be heard by federal courts
Cases heard under state jurisdiction that also include federal questions (issues of federal or constitutional law), may be appealed from the state judiciary to the federal judiciary once state appeals are exhausted, provided those issues have been preserved (raised at each level of appeal) throughout the state appeals process.
Other considerations that may allow federal courts to hear state cases:
- A defendant in a case involving both state and federal or constitutional issues may invoke removal jurisdiction and demand the case be moved from state to federal court.
- Federal courts may exercise supplemental jurisdiction if they hear a case that is substantially within federal subject-matter jurisdiction but also involves questions of state law, such that the federal court may rule on issues of state law.
- Civil cases heard under diversity jurisdiction, where the petitioner and respondent reside in different states must rely on the laws that apply in the state where the case was filed. Federal courts only exercise diversity jurisdiction for amounts in excess of $75,000.
- Class action suits may be filed in federal court under diversity jurisdiction if the amount claimed is in excess of $5 million.
Add your answer:
Earn +20 pts
Can decisions of state courts of limited jurisdiction ever be appealed to state courts of general jurisdiction?
No, but they CAN be appealed to the State Court of Appeals.
State courts are courts of general jurisdiction because?
Their powers are limited to the state in which they preside
Explain the difference between courts of general jurisdiction and limited jurisdiction?
General Jurisdiction courts are State Courts and Federal District courts (Including appeals and Supreme courts). Specific/Limited Jurisdictional courts are courts which can only hear certain. There are tax courts, bankruptcy courts, patent and copyright court....
Where do courts get their jurisdiction from?
From their state legislature and both their state and US Consstitutions.
What type of jurisdiction allows federal courts to hear state law?
executive jurisdiction
How are courts of appeals and Supreme Courts classified?
In both the state and federal court systems, courts of appeals and supreme courts are those that have appellate jurisdiction over cases heard in courts of original jurisdiction (trial courts).
What are the different jurisdictions of the federal and state courts?
A difference between state and federal courts is that the federal court is limited to the types of cases listed in the Constitution, while the state courts have broad jurisdiction. Since both of the courts have jurisdiction, parties are allowed to choose to be heard by the federal or state court.
How are lower state courts different from higher state courts courts?
The lower state courts are courts of original jurisdiction and hear all cases within their purview and conduct jury trials. The higher state courts are not courts of original jurisdiction, only hearing cases that are referred to them by appeal of a lower court verdict or by motion. They conduct non-jury trials. These courts are the Court of Appeals and the State Supreme Court.
What do federal courts not have to try cases in which a state is sued by citizens of another state?
They do not have jurisdiction.
Which court hears cases over which state and federal courts have concurrent jurisdiction?
Yes. When both state and federal courts have authority to hear the same case, it's called concurrent jurisdiction.
When both the state court and the federal court have jurisdiction what is it called?
When state and federal courts both have authority to hear the same case, they have concurrent jurisdiction.Each system has both courts of original jurisdiction (trial courts) and courts of appellate jurisdiction. State courts typically hear matters involving state questions; federal courts hear matters involving federal questions. There are some exceptions, however, when a case may be heard in either state or federal court.For more information, see Related Questions, below.
Is a municipal court considered a state court?
Yes, they are state courts rather than federal courts. However, municipal courts have limited and special jurisdiction. Municipal courts have jurisdiction to handle only those matters that arise within the territorial boundaries of their particular municipalities. In addition, a municipal court's subject matter jurisdiction is limited to only certain matters as defined by the state government whereas state courts have subject matter jurisdiction over matters arising under all of the laws of the state.
