How do you tell if a case is state or federal?

Answer 1

An easy answer might be that a federal case is one that is tried in federal courts and a state case is one that is tried in state courts, but it is not that simple.

A federal case is one which involves enforcement of federal statutes or the Constitution or civil cases under the so-called diversity jurisdiction of the courts. Diversity jurisdiction allows issues that would ordinarily be state cases to be tried in federal courts if the parties are located in different states and the amount in controversy exceeds a statutorily fixed amount. One might say that this is simply a state case in a federal court, but it is more correct to call it a federal case since federal law created federal diversity jurisdiction and since it is being tried in a federal court.

A state case is one which involves enforcement of state statutes or case law (like personal injury, contract and state criminal offenses).

Sometimes federal issues are raised in state courts. Nothing prohibits a party in a state court from raising federal constitutional issues. In fact it is common, such as when in a state criminal trial, the accused alleges his federal constitutional rights have been violated. Examples are demands to exclude evidence that has been obtaine through an allegedly unreasonable search and seizure, or that a new trial should be had because the defendant was denied competent counsel and other protected rights. The mere raising of a federal issue does not require it to be heard in a federal court.

Answer 2

A case goes to a federal court if the case deals with the constitutionality of a law. Most of your criminal cases, contract cases, tort cases, family law etc. go to your state court.