What case can be heard in federal court?

Answer 1

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:

1. Whenever a Federal criminal statute has been broken.
2. If, in a civil case, the Civil Law in question is a Federal one (e.g. Maritime law regarding salvage rights)
3. When there is a possible violation of Constitutional Rights (e.g. Habeas Corpus)
4. When both parties to the dispute are States
5. When one party of suit is the US Federal Government (i.e. the Federal Government is being sued or is suing someone)
6. 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).

Answer 2

nothing MUST be heard in a federal court that is not under the Supreme Court's Original Jurisdiction, or a special situation such as Bankruptcy or Patent Law. However, my advice is to consult 28 USC sec. 1331 and 1332 to understand what can be brought in federal court.

Answer 3

I believe your question is about jurisdiction. Federal courts can hear cases as long as they deal with a federal question or there is diversity jurisdiction.

Federal question is when the case is about a federal law.

Diversity jurisdiction is when the suit is between two parties from different states if the controversy is worth more than $75,000.

Answer 4

Federal courts must and may decide case on "the constitutionality of a law, cases involving the laws and treaties of the U.S.ambassadors and public ministers, disputes between two or more states, admiralty law, and bankruptcy cases." Cases of divorce, child custody, and property are left to the state courts.

Answer 5

The case must involve a federal question (matter of federal or constitutional law or US treaties) to be heard in a federal constitutional court (US District Courts, US Court of International Trade, US Court of Appeals Circuit Courts, Supreme Court of the United States).

Cases involving monetary claims against the US are heard in the US Court of Federal Claims (not a constitutional court, but a federal court, nevertheless).

Answer 6

To use a federal court the party suing must have "standing," meaning they have to have both a reason to sue and the right to use a federal court.

To have a reason to sue means you have to have a loss, have suffered a loss, or will suffer a loss as a result of someone else's action or failure to act.

To be allowed to use a federal court, either (1) the party being sued is being sued over a violation of a federal law that does not put the case into state court (federal law question); (2) the plaintiff and the defendant are from separate states (disparity of jurisdiction question); or (3) the amount of the dispute is at least $75,000 (size of controversy). Otherwise they must use a state court. Sometimes the plaintiff can use either a state or federal court.

Both of those (have a loss and be allowed to use a federal court) must be the case. If so, the plaintiff has standing and the federal court can hear the case.

Otherwise the defendant files a motion to dismiss for "failure to state a claim for which relief may be granted" which is lawyer-speak for "don't let the screen door hit you as you leave the courthouse with your case thrown out."

Answer 7

A case only HAS to be heard in federal court if it is an issue where the federal court has exclusive jurisdiction. For example, bankruptcy cases cannot be heard in state courts.

Often, the state and federal courts have concurrent jurisdiction over areas of law. For example, if I filed a suit against a company and alleged both state and federal torts, the courts would have concurrent jurisdiction, and my claim could be heard in either state or federal court.

Answer 8

Federal question jurisdiction (a matter of federal or constitutional law or relating to a US treaty)

Answer 9

criminal cases