Thursday, November 28, 2013

What is difference between Federal and State Courts...

Federal Courts are limited to issues involving Federal Laws passed by the US Congress under the Constitution... 
Also cases where State Courts violated Federal Laws or the US Constitution.

State Courts deal with the old style Common Law. 

State Courts are courts that deal with recognizable crimes like Murder, Robbery, Assault, and other Crimes that you might read about in Mystery Novels.

State Courts are also charged with hearing Civil Cases arising between individuals in their state...involving Contracts, Torts, which are cases about injury or damage to persons or property...

State Courts also handle  Suits concerning Real and Personal Property.... 

Crimes in Federal Court usually involve "Federal Questions" or "Crossing State Lines"... so they are very limited in scope

Federal Crimes have Odd  Names that you probably won't find in old Mystery Stories... 

Therefore, Federal Crimes are NOT the place average street criminals end up...except in very rare cases... 

For Example Stealing from the Mail, Assaulting a mail delivery person... or violating Federal Liquor or Drug Laws...passed under authority of the US Commerce Clause

The Interstate Commerce Clause has been used to greatly expand Federal Crimes into areas that in the old days would have been handled in the State Common Law Courts...

For example Civil Rights under the US Constitution...are Federal issues...not necessarily State Issues.

Federal Courts have jurisdiction over cases where parties are from different states and the value of the case exceeds a certain amount... 

Federal Courts also have jurisdiction over "Navigable Waters"...which can be a small Creek at times... Navigable often being liberally defined

State Courts have Concurrent Jurisdiction over Federal Law where the case does not qualify for a Federal Court filing...which usually requires parties from Different States and a Dollar amount in excess of a set amount...or a serious "Federal Law Question"...

So State Courts are Common Law Courts...for old style Criminal and Civil Law

And Federal Courts are specialized courts to handle only issues that Congress has Constitutional Authority to regulate...Either expressly under the Constitution or Bill of Rights... Or from the decades long expansion of the Interstate Commerce Clause...

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