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What is jurisdiction shared by a state court and a federal court?
Concurrent jurisdiction allows both state and federal courts to hear cases involving federal laws, diversity of citizenship cases, and cases involving concurrent jurisdiction statutes. It means either court can hear the case.
Concurrent jurisdiction means that a case may be tried by?
Either the state or federal court.
A case falls within a jurisdiction of the federal courts if it concerns what?
The Federal Courts system will only handle specific cases. They handle them if the United States is a party, cases involving violations of federal laws, bankruptcy, copyright issues, patent issues, and maritime law cases.
How a case moves from lower court to higher court?
US District Courts are trial courts, the entry point of the federal court system. A case reaches the federal district courts when someone commits a federal crime or is sued under federal jurisdiction.
Do federal courts have original jurisdiction?
Yes. Original jurisdiction means the court is first to hear a case; these are often called trial courts. Appellate jurisdiction means the court reviews a case already tried in a lower court to determine whether the law and constitution were properly applied. The Supreme Court has original and exclusive jurisdiction over disputes between the states. Under the Constitution, the Court also has original jurisdiction in cases involving ambassadors and other foreign dignitaries, but it shares jurisdiction with the US District Courts, which currently hear those cases. The Supreme Court has appellate jurisdiction over cases involving preserved federal questions from both state and federal courts. A "federal question" means the case involves matters related to federal or constitutional law or US treaties. "Preserved" means the "federal question" has been raised at the trial and each stage of the appeals process.
What does it mean when a federal court only has appellate jurisdiction?
If a federal court only has appellate jurisdiction it can only hear appeals of cases that have been tried in lower federal courts and can't conduct its own trials.For example, the US Court of Appeals Circuit Courts have only appellate jurisdiction, primarily over cases tried in the 94 US District Courts.The Supreme Court of the United States is a federal court with appellate jurisdiction; however, it also exercises original jurisdiction over disputes between the states. The Supreme Court may review appeals from both federal and state courts, as long as the appeal contains a (preserved) federal question. This means the case must involve federal law, US treaties, or US Constitutional issues.
appellate jurisdiction?
Appellate jurisdiction means a court has jurisdiction to hear an appeal from the trial court.
How do cases get to court?
This depends on the federal trial court's jurisdiction and what type of case it is. For a civil subject matter case, the case can can be (but don't have to be) filed in federal court if one of two things are true: a) diversity jurisdiction: plaintiff and defendant are from different states AND there is more than $75,000 at stake OR b) federal question jurisdiction: a basic part of the plaintiff's case is a question arising under the Constitution, laws, or treaties of the U.S. Example of a: Plaintiff citizen of Wisconsin. Defendant citizen of Indiana. Plaintiff suing defendant for $80,000. Case can be filed in federal court because diversity and more than $75,000. There are many cases where the federal courts have criminal subject matter jurisdiction over violates of federal criminal statutes. If the person violates a federal law, federal courts have jurisdiction. Federal courts also have exclusive jurisdiction over certain cases, such as bankruptcy cases, which means that bankruptcy can ONLY be filed in a federal court. Another example would be patents - only a federal court can deal with patents. Added: To answer the direct question, cases can get to federal court if they are 1) initially filed in federal court or 2) removed to federal court from state court.
What is the importance of jurisdiction?
Jurisdiction is critical due to the meaning of the word. Jurisdiction means whether an entity (for example a court, municipal, state, federal, supreme) has the legal power to force or adjudicate an action (legal action) For example, should a court not have jurisdiction it has no power in a legal matter while having power if it has jurisdiction. Jurisdiction means the geographical area in which a particular court has power to adjudicate (make decisions). Very powerful indeed and incredibly important.
What is the definition of Court of Appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US supreme court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
This type of jurisdiction means that both federal and state courts can hear a case?
A state may have concurrent jurisdiction with a federal court when, for example, a crime defined under state law is committed on federal property, and certain offenses involving Indian tribal members.
What is the definition of courts of appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US Supreme Court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
