
The US Constitution creates a federal system of government, where power is shared between the federal government and state governments. Both federal and state governments have their own court systems, with their own jurisdictions. Federal courts have limited jurisdiction and can only hear cases involving federal questions, constitutional matters, and federal law. State courts have general jurisdiction, meaning they can hear all types of cases, including criminal cases, contract cases, family law matters, and traffic violations. However, in some cases, both federal and state courts have jurisdiction, and parties can choose which court hears their case. For example, a case based on state law can be brought to federal court under the court's diversity jurisdiction if the plaintiff and defendant are from different states.
Can a Federal Court Hear a State Law Case?
| Characteristics | Values |
|---|---|
| Type of jurisdiction | Original jurisdiction |
| Who chooses the court? | Plaintiff |
| Can the defendant choose the court? | Yes, the defendant can choose to "remove" to federal court |
| Cases based on state law | Can be brought in federal court under the court's "diversity jurisdiction" |
| Diversity jurisdiction | Allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state |
| Jurisdiction | Federal courts have limited jurisdiction |
| Cases heard by federal courts | Matters involving federal questions and constitutional matters |
| Cases heard by state courts | Cases involving state laws, criminal cases, disputes between residents of the same state, contract cases, family law matters, and traffic violations |
| Federal court cases | More likely to impact national affairs |
| Federal court cases | Include matters involving federal law, federal crimes, and civil lawsuits against the government |
| Federal court | Federal Circuit Court of Appeals has nationwide jurisdiction over specific issues such as patents |
| Federal court | Federal Supreme Court is the highest court in the American judicial system |
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What You'll Learn

Federal courts have limited jurisdiction
The U.S. Constitution establishes a federal system of government, where power is shared between the federal and state governments, each with its own court system. Federal courts are the starting point for cases arising under federal law, the Constitution, or treaties, and this type of jurisdiction is called "original jurisdiction." While federal courts have limited jurisdiction, there is some overlap with state courts, and in certain situations, a case can be brought in either court.
For example, a case involving a federal law violation, such as the Family and Medical Leave Act, can be heard in either a federal or state court. However, a violation of a state law, such as a state medical leave act, can only be brought to state court. Additionally, cases that are entirely based on state law may be brought to federal court under the court's "diversity jurisdiction." Diversity jurisdiction allows a plaintiff from one state to file a lawsuit in federal court when the defendant is located in a different state.
It is important to note that federal courts can review state laws that may violate the U.S. Constitution, particularly those limiting religion, speech, and other fundamental rights. These laws are subject to strict scrutiny and must be narrowly tailored to a specific government interest. If a state law is found to violate the Constitution, the Supreme Court of the United States, the highest court in the American judicial system, has the power to decide on appeals.
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State courts have general jurisdiction
In the United States, state courts have general jurisdiction, meaning they are courts with the authority to hear cases in law and equity of all kinds – criminal, civil, family, probate, and other legal claims. This means that state trial courts can hear any type of case that is not explicitly assigned to another court.
General jurisdiction is a form of minimum contacts that may allow a court to exercise personal jurisdiction over a corporate defendant in a state without violating due process, regardless of the nature of the claim. For example, in International Shoe v. Washington (1945), the U.S. Supreme Court ruled that a state could exercise personal jurisdiction over an out-of-state corporate defendant if the defendant had minimum contacts within the state and if the exercise of jurisdiction would not offend traditional notions of fair play and substantial justice.
State courts with general jurisdiction can hear cases that arise under federal law, the Constitution, or treaties, as well as state law. This is in contrast to federal courts, which are courts of limited jurisdiction and can only hear cases that are authorized by the United States Constitution or federal statutes. While there is some overlap between the jurisdiction of state and federal courts, and a case can sometimes be brought in either court, state courts are generally the starting point for cases based solely on state law.
Judges in courts of general jurisdiction are protected by judicial immunity, which means they cannot be sued for acts that are within their jurisdiction. For example, a judge in a court of general jurisdiction assigned to a probate case would be immune from suit for sending a party to jail, as handing down a criminal sentence is within the scope of their authority.
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Diversity jurisdiction
The current diversity jurisdiction provision is codified at 28 U.S.C. § 1332, and grants federal court jurisdiction in all civil actions between citizens of different states and between a citizen of a state and a subject of a foreign state if the amount in controversy exceeds $75,000. This provision has been in place since 1875, although the statute has grown increasingly complex over the years. For example, Congress amended it via the Class Action Fairness Act of 2005 (CAFA), which expanded federal courts' jurisdiction over class actions.
If a case is originally filed in a state court, and the requirements for federal jurisdiction are met (diversity and amount in controversy, the case involves a federal question, or a supplemental jurisdiction exists), the defendant may remove the case to a federal court. To do so, they must file a notice of removal with both the state court and the federal court within 30 days of the first removable document.
It is important to note that diversity jurisdiction is a form of concurrent jurisdiction, meaning that parties can choose to bring their case in state court even if the requirements for diversity jurisdiction are met. However, if diversity jurisdiction is available, a defendant in a state court case can unilaterally choose to move the case to federal court through the process of removal. A court exercising diversity jurisdiction must follow the Erie doctrine, which states that federal courts must apply the substantive law of the state in which they reside. This doctrine limits the ability of plaintiffs and defendants to obtain an advantage through the use or non-use of diversity jurisdiction.
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Cases that can be brought to both federal and state courts
Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called "original jurisdiction."
Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought to both courts. The plaintiff has the initial choice of bringing the case to either state or federal court. If the plaintiff chooses a state court, the defendant may sometimes choose to "remove" the case to a federal court.
Cases that are entirely based on state law may be brought before federal courts under the court's "diversity jurisdiction." Diversity jurisdiction allows a plaintiff from one state to file a lawsuit in federal court when the defendant is located in a different state. To bring a state law claim in federal court, all plaintiffs must be located in different states than the defendants, and the "amount in controversy" must be more than $75,000. It is important to note that criminal cases may not be brought under diversity jurisdiction. States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court.
For example, if a state brings a murder charge and does not secure a conviction, the federal government may, in some cases, file charges against the defendant if the act is also illegal under federal law. The Supreme Court of the United States is the highest court in the American judicial system and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
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Supreme Court appeals
Federal courts have limited jurisdiction, meaning they can only hear cases that involve federal questions, constitutional matters, and federal statutes. This includes matters where state laws may violate the U.S. Constitution, such as when state laws limit fundamental rights like religion and speech. In such cases, the Supreme Court of the United States, being the highest court in the American judicial system, can decide on appeals.
For instance, in the case of The Church of Lukumi Babalu Aye v. City of Hialeah, the city council passed a law prohibiting religious animal sacrifice, specifically targeting the Santeria church, which practiced animal sacrifice as part of its worship. The Supreme Court ruled that the city's law violated the religious freedom of the Santeria worshippers, demonstrating its authority to review state laws that infringe on constitutionally protected rights.
While federal courts have original jurisdiction over cases arising under federal statutes, the Constitution, or treaties, there are instances where the jurisdiction of state courts overlaps with that of federal courts. This means that some cases can be brought to either court system. In cases of diversity jurisdiction, where the plaintiff and defendant are from different states, a case based on state law may be brought to federal court. The plaintiff has the initial choice of court, but if they choose a state court, the defendant may sometimes opt to "remove" the case to federal court.
After a decision has been made by a circuit court or a state supreme court, either party may choose to appeal to the Supreme Court of the United States. To initiate this process, parties must file a "writ of certiorari," requesting the Supreme Court to hear the case. The Supreme Court is not obligated to grant this request and typically hears less than 1% of appeals. If the writ is denied, the lower court's ruling stands. However, if the writ is granted, the Supreme Court will proceed with briefs and oral arguments before rendering a decision.
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Frequently asked questions
Federal courts have limited jurisdiction and can only hear cases that involve federal questions, constitutional matters, and federal law. However, cases based entirely on state law may be brought to federal court under the court's "diversity jurisdiction". Diversity jurisdiction allows a plaintiff from one state to file a lawsuit in federal court when the defendant is from a different state.
Yes, sometimes the jurisdiction of state courts and federal courts overlaps, and the plaintiff can choose which court to bring the case to.
If a case based on state law concerns a state law that may violate the U.S. Constitution, the Supreme Court can review it. However, if the case was decided entirely on a state law, the Supreme Court cannot consider it.



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