![]() ![]() States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court. (Note: the rules for diversity jurisdiction are much more complicated than explained here.)Ĭriminal cases may not be brought under diversity jurisdiction. To bring a state law claim in federal court, all of the plaintiffs must be located in different states than all of the defendants, and the “amount in controversy” must be more than $75,000. The defendant can also seek to “remove” from state court for the same reason. However, if the plaintiff chooses state court, the defendant may sometimes choose to “remove” to federal court.Ĭases that are entirely based on state law may 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. The plaintiff has the initial choice of bringing the case in state or federal court. ![]() ![]() 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 in both courts. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The primary difference for civil cases (as opposed to criminal cases) is the types of cases that can be heard in the federal system. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country.Ĭourts in the federal system work differently in many ways than state courts. The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. ![]()
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