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This site provides an interesting challenge: Look at the different cases presented and decide whether each would be heard in the state or federal courts. You can check your results at the end.
Although the Supreme Court tends to draw the most public attention, it typically hears fewer than one hundred cases every year. In fact, the entire federal side—both trial and appellate—handles proportionately very few cases, with about 90 percent of all cases in the U.S. court system being heard at the state level.
“State Courts vs. Federal Courts.”
The Judicial Learning Center . http://judiciallearningcenter.org/state-courts-vs-federal-courts/ (March 1, 2016). The several hundred thousand cases handled every year on the federal side pale in comparison to the several million handled by the states.
State courts really are the core of the U.S. judicial system, and they are responsible for a huge area of law. Most crimes and criminal activity, such as robbery, rape, and murder, are violations of state laws, and cases are thus heard by state court s. State courts also handle civil matters; personal injury, malpractice, divorce, family, juvenile, probate, and contract disputes and real estate cases, to name just a few, are usually state-level cases.
The
federal court s, on the other hand, will hear any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states. Cases arising from activities across state lines (interstate commerce) are also subject to federal court jurisdiction, as are cases in which the United States is a party. A dispute between two parties not from the same state or nation and in which damages of at least $75,000 are claimed is handled at the federal level. Such a case is known as a diversity of citizenship case.
“State Courts vs. Federal Courts.”
The Judicial Learning Center . http://judiciallearningcenter.org/state-courts-vs-federal-courts/ (March 1, 2016).
However, some cases cut across the dual court system and may end up being heard in both state and federal courts. Any case has the potential to make it to the federal courts if it invokes the U.S. Constitution or federal law. It could be a criminal violation of federal law, such as assault with a gun, the illegal sale of drugs, or bank robbery. Or it could be a civil violation of federal law, such as employment discrimination or securities fraud. Also, any perceived violation of a liberty protected by the Bill of Rights, such as freedom of speech or the protection against cruel and unusual punishment, can be argued before the federal courts. A summary of the basic jurisdictions of the state and federal sides is provided in [link] .
| Jurisdiction of the Courts: State vs. Federal | |
|---|---|
| State Courts | Federal Courts |
| Hear most day-to-day cases, covering 90 percent of all cases | Hear cases that involve a “federal question,” involving the Constitution, federal laws or treaties, or a “federal party” in which the U.S. government is a party to the case |
| Hear both civil and criminal matters | Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts |
| Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government | Hear cases that involve “interstate” matters, “diversity of citizenship” involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000) |
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