LEARNING OBJECTIVES
- Compare federal and state courts.
- Define jurisdiction.
- Compare original and appellate jurisdiction.
- Identify the federal courts and determine each court’s jurisdiction.
- Identify the state courts and determine each court’s jurisdiction.
Every state has two court systems: the federal court system, which is the same in all fifty states, and the statecourt system, which varies slightly in each state. Federal courts are fewer in number than state courts. Because of the Tenth Amendment, discussed earlier in The Scope of State Law, most laws are state laws and therefore most legal disputes go through the state court system.
Federal courts are exclusive; they adjudicate only federal matters. This means that a case can go through the federal court system only if it is based on a federal statuteor the federal Constitution. One exception is called diversity of citizenship. 1 If citizens from different states are involved in a civil lawsuit and the amount in controversy exceeds $75,000, the lawsuit can take place in federal court. All federal criminal prosecutions take place in federal courts.
State courts are nonexclusive; they can adjudicate state or federal matters. Thus an individual who wants to sue civilly for a federal matter has the option of proceeding in state or federal court. In addition, someone involved in a lawsuit based on a federal statute or the federal Constitution can remove a lawsuit filed in state court to federal court. 2 All state criminal prosecutions take place in state courts.
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