Question

In: Economics

What types of cases do the state courts have authority to hear? What about federal courts?...

What types of cases do the state courts have authority to hear? What about federal courts? Practically speaking, why would our country have this multi-tiered court system?

Solutions

Expert Solution

State courts have generally unlimited subject-matter jurisdiction: they can hear pretty much any type of case that is not explicitly forbidden to them by Federal or State law. States can hear cases under their own law, the law of another state, the law of another nation and even Federal law (except in some few cases where Federal law explicitly vests exclusive jurisdiction in the Federal Judiciary).

Federal Courts, on the other hand, are courts of limited jurisdiction: a federal court has authority to hear cases only on subject matters explicitly allowed by Federal law. Examples of classes of cases: cases brought under Federal law (called “federal question” jurisdiction), cases brought under state law where no plaintiff is a citizen of the same state or nation as any defendant and vice versa (called “diversity” jurisdiction). Also, if you bring a case involving “Federal Question” jurisdiction and have a factually-related state law claim, then the federal court can hear the state law case (called, pendent, ancillary or supplemental jurisdiction).

As to criminal matters, generally only the Court of the sovereign offended can hear the case. If you break Maryland criminal law — you are tried in a Maryland Court for the crime; if you break federal law, you have to be tried in a federal court. Now, the same conduct might be a crime under the law of multiple sovereigns— imagine you stand in Maryland and shoot someone in Pennsylvania: I wouldn’t be surprised if such an act violated Maryland, Pennsylvania and Federal law. All three sovereigns could try, convict and punish you in this case (this is the “separate sovereign” exception to the double jeopardy rule).


Related Solutions

Federal courts may hear cases that originate and really only pertain to state law when there...
Federal courts may hear cases that originate and really only pertain to state law when there is diversity of citizenship between the plaintiff and defendant. The Gasperini case is one such case. In the case, the federal court was compelled to apply state law, not federal law. This is due to which famous case? Hanna v. Plumer Guaranty Trust v. New York Byrd v. Blue Ridge Electrical Erie R.R. v. Tompkins All of these cases stand for this proposition In...
Texas is unusual in that it has two high courts: one to hear civil cases and...
Texas is unusual in that it has two high courts: one to hear civil cases and one to hear criminal cases. Why do you think Texas has such a system? What are the consequences (good and bad) of having two separate high courts?
State your knowledge the difference between federal and state courts.
State your knowledge the difference between federal and state courts.
Some of the cases that will be examined in this course are from state courts, while...
Some of the cases that will be examined in this course are from state courts, while others have been handed down by federal courts. Why?
We hear stories in the news about cases of medical malpractice that could have been prevented....
We hear stories in the news about cases of medical malpractice that could have been prevented. For your initial post, conduct research for ways to prevent medical malpractice cases. Provide at least 3 ways to prevent these types of cases. How will these prevention measures lead to a decrease in malpractice cases?
describe the Four courts which hear tax cases. (Don’t just say four names. Please include some...
describe the Four courts which hear tax cases. (Don’t just say four names. Please include some information about four courts)
What type of jurisdiction did the federal courts have on The Walmart discrimination case
What type of jurisdiction did the federal courts have on The Walmart discrimination case
What types of retirement funds are offered by federal and state governments? How have these changed...
What types of retirement funds are offered by federal and state governments? How have these changed over time?    Why do you think that we have more types of these now?
should attorneys be required or forced to do “pro bono” cases by the courts?
should attorneys be required or forced to do “pro bono” cases by the courts?
Lest the three trial courts that have jurisdiction over tax cases
Lest the three trial courts that have jurisdiction over tax cases
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT