Cameron Miranda
When it comes to legal matters, the question of whether to file a case in state or federal court is an important one. The court's jurisdiction, or power to hear and decide a case, is determined by the US and state constitutions, as well as federal and state laws. Federal courts have subject matter jurisdiction in only two types of cases: those that arise under federal law (federal question cases) and those that involve diversity of citizenship, where the parties on each side reside in different states. State courts, on the other hand, handle a much larger volume of cases, including those based on state law and where the plaintiff and defendant reside in the same state. The choice of court can have significant implications, affecting everything from jury composition to potential outcomes.
Can you be sued for federal law in state court?
| Characteristics | Values |
|---|---|
| Who can be sued in federal court? | A citizen of a different state or a foreign national |
| Minimum damages | $75,000 |
| Federal question jurisdiction | Applies when a case is based on federal law |
| Diversity jurisdiction | Applies when the parties on each side reside in different states |
| Removal to federal court | Possible when there is federal question jurisdiction or diversity jurisdiction and no defendant resides in the original state |
| Jury composition | State court juries are drawn from a single county, while federal court juries are drawn from a multi-county district |
| Jury size | State court juries typically have 12 jurors, while federal court juries have 6 jurors |
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What You'll Learn
Federal vs state jurisdiction
Jurisdiction is a legal term that defines the cases a court can hear. In the United States, jurisdiction is divided into two general categories: state court jurisdiction and federal court jurisdiction. State courts are established by the laws of each individual state and have broad jurisdiction, covering almost all types of cases except those specifically reserved for federal courts. They hear criminal cases, civil matters, domestic relations cases, and probate, often in county and municipal courts. State court decisions typically impact only within the respective state’s boundaries.
Federal courts, on the other hand, are established by the US Constitution and have limited jurisdiction. They handle cases involving federal law, constitutional issues, and disputes between states or countries. Federal court decisions can affect nationwide policies and legal interpretations. Federal judges are appointed by the President and confirmed by the Senate for life terms.
In some cases, state and federal courts have jurisdiction over the same issue. When both options are available, the party bringing the lawsuit can choose the jurisdiction in which they wish to proceed. Most criminal cases involve violations of state law and are heard by state or municipal court judges. But when a case involves a violation of federal law, that case must be heard in federal court. Criminal cases involving alleged violations of federal law are known as cases of original jurisdiction, meaning that the federal district court is the starting point for the case.
Federal district courts have subject-matter jurisdiction in only two kinds of cases: cases that arise under a federal law (called "federal question" cases) and diversity jurisdiction cases, where the parties are from different states or countries, and the amount in controversy exceeds $75,000.
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State court jury composition
In the United States, both the federal government and each of the state governments have their own court systems. When it comes to lawsuits, there are instances where individuals have a choice between having their case decided in a state or federal court. For example, if you are a plaintiff bringing a suit, you have the first choice of a state or federal court if there is a choice. This choice is often influenced by various factors, including jurisdictional technicalities, which a lawyer can explain.
The process of selecting prospective jurors for state courts is mandated by state law. Each county receives a list of potential jurors from the Secretary of State, consisting of registered voters, individuals with a state driver's license, or those with a state identification card. These citizens are randomly selected and sent a summons for jury duty. It is important to note that receiving a summons does not guarantee serving on a jury, as individuals can be excused or exempted. During the jury selection process, lawyers conduct voir dire, asking prospective jurors questions to determine their eligibility and suitability for a particular case.
The size of juries also varies between state and federal courts. Civil juries in most state courts, including California, are typically composed of twelve persons. In contrast, federal civil juries in most districts, including California, consist of six persons. While there is limited information on how jury size influences jury behaviour, some legal professionals believe that a "strong juror" may have a more significant impact on smaller juries.
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Federal question jurisdiction
In the United States, federal and state courts have different powers to hear and decide cases. Jurisdiction simply refers to this power. For a court to make a legally valid decision, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction refers to the power to hear the kind of case a lawsuit involves, while personal jurisdiction refers to the power over the parties involved in the lawsuit.
For federal question jurisdiction to exist, the cause of action must arise under federal law. The Supreme Court has interpreted this broadly, finding that it allows federal courts to hear any case in which there is a federal ingredient. This means that the plaintiff's initial complaint must contain references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense, it must be presented from the initial complaint. The Grable Test is often used to determine federal question jurisdiction, asking whether the claim has a federal ingredient and meets the requirements for 28 USC 1331 federal question jurisdiction.
Federal courts have subject matter jurisdiction in only two kinds of cases: federal question cases and diversity of citizenship cases. Examples of federal question cases include suing a police officer for violating a federal civil rights statute or a patent owner suing an individual for violating their patent. Diversity of citizenship cases refer to when an individual is suing a citizen of a different state or a foreign national, and the plaintiff is asking for at least $75,000 in money damages.
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Diversity jurisdiction
The concept of diversity jurisdiction is based on the idea that out-of-state citizens or foreign nationals may face unfair treatment in state courts and should have the option to have their cases heard in federal court. The United States Constitution, in Article III, Section 2, grants Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. Congress has invoked this authority and enacted legislation granting federal courts diversity jurisdiction since the Judiciary Act of 1789. The current diversity jurisdiction provision is codified at 28 U.S.C. § 1332.
To illustrate with an example, a citizen of New York injured in a traffic accident sues the citizen of New Jersey who was driving the car, and the complaint asks for damages exceeding $75,000. In this case, the injured party could choose to file the complaint in a federal court in either New York or New Jersey. This is because the plaintiffs and defendants are citizens of different states, and the amount in controversy exceeds the minimum threshold.
It is important to note that diversity jurisdiction is a form of concurrent jurisdiction. This means 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. To do so, the defendant must file a notice of removal with both the state court where the case was filed and the federal court to which it will be transferred within 30 days of the first removable document.
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Statute of limitations
The statute of limitations refers to the time limit for filing a lawsuit. If a lawsuit is not filed within the statute of limitations, the case may be dismissed. This is an important consideration when deciding whether to file a case in state or federal court.
In the US, state and federal courts have different areas of jurisdiction, meaning they have the power to hear and decide on different types of cases. Federal courts have subject matter jurisdiction in cases that arise under federal law, known as "federal question" cases. Federal district courts have jurisdiction in these cases, and an example is suing a police officer for violating a federal civil rights statute. Federal courts also have jurisdiction in cases where there is diversity of citizenship, meaning the plaintiffs and defendants reside in different states, and the claim in suit exceeds $75,000.
State courts, on the other hand, handle a much larger number of cases, including those based on state law and where the plaintiff and defendant reside in the same state. State courts draw their jurors from the county in which the court sits, which means that in urban areas, the jury is likely to consist of city dwellers.
When deciding whether to file a case in state or federal court, it is important to consider the specific facts of the case and the applicable laws. It is also crucial to be mindful of the statute of limitations to ensure that the case is filed within the required time frame. Consulting with a lawyer can help navigate the complexities of federal and state court jurisdictions and ensure that the case is filed in the appropriate court without exceeding the statute of limitations.
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Frequently asked questions
Jurisdiction is a court's power to hear and decide a case. The U.S. and state constitutions, as well as federal and state laws, grant and limit courts' jurisdiction.
State court juries are drawn from the county in which the court sits, whereas federal courts have access to jurors throughout a multi-county district. State court juries in California consist of twelve persons, whereas federal civil juries in the state have six persons.
Cases that can be tried in federal court include patent and copyright infringement, bankruptcy, refund of federal taxes, and claims under federal antitrust laws.
A much larger number of cases must be brought and defended in a state court. These include cases where the plaintiff's claim is based on state law and the plaintiff and at least one defendant reside in the same state.
Yes, cases filed in a state court can be removed to a federal court when there is federal question jurisdiction or when there is diversity jurisdiction and no defendant resides in the state in which the action was originally brought.
