What is the difference between federal courts and state courts?
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What is the difference between federal courts and state courts?
The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear. Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress.
Why do we have 2 different court systems?
The United States has two separate court systems, which are the federal and the state, because the U.S. Constitution created federalism. This means that each state is responsible for making its own laws and can, therefore, make those laws that are important to that particular state.
Can a state court declare a federal law unconstitutional?
The theory of nullification has never been legally upheld by federal courts. Therefore, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws.
What determines if a crime is federal or state?
Just as state legislators pass laws that define and penalize crimes under state law, Congress defines and penalizes acts that constitute federal crimes. The great majority of crimes involve state prosecutions for violations of state law.
What factors determine whether the state or federal court system hears a case?
JURISDICTION: Federal jurisdiction, the power to hear a case, has two elements: (1) the power to hear the subject matter of the case; and (2) the power to bind the parties. State Courts have subject matter jurisdiction over all suits unless specifically prohibited.
What are two examples of cases where the federal courts would have exclusive jurisdiction?
Federal courts also have “exclusive” subject matter jurisdiction over copyright cases, admiralty cases, lawsuits involving the military, immigration laws, and bankruptcy proceedings.
What are the two kinds of lower federal courts?
The lower federal courts include:
- U.S. Court of Appeals.
- U.S. District Courts. U.S. Bankruptcy Courts. U.S. Courts of Special Jurisdiction.
