Q:

Does a state court have jurisdiction over all occupants of the state?

A:

Quick Answer

According to the Administrative Office of the U.S. Courts website, a state court does not necessarily have jurisdiction over all occupants of the state. The two types of courts in the United States are federal courts and state courts, and jurisdiction depends on the type of case being heard.

Continue Reading

Full Answer

The Administrative Office of the U.S. Courts writes that state courts typically hear most criminal cases, probate cases, contract cases, tort cases and family law cases. State courts are the final authority on state law and state constitution, but their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court.

USLegal states that federal courts have exclusive jurisdiction over certain areas. These areas include suits between states, cases involving high-ranking public figures, federal crimes, bankruptcy, patent laws, admiralty, antitrust, securities and any other cases that have been specifically designated by a federal law. One of the areas in which state courts and federal courts may both have jurisdiction is a diversity of citizenship case. Diversity of citizenship refers to a situation when the parties of the case are from different states. When the amount of the suit is under $75,000, the case must be heard by a state court. However, if the amount is over $75,000, the case may be heard by a federal court if the defendant makes a request.

Learn more about Law

Related Questions

  • Q:

    How do you file an expungement form?

    A:

    An expungement form is usually filed at the court of jurisdiction where the applicant was arrested and charged with the crime in question, according to the Oregon State Police. Some states permit the application even in the event of a conviction, according to the Utah State Judiciary.

    Full Answer >
    Filed Under:
  • Q:

    How many people serve on a jury?

    A:

    The number of people on a jury depends on the jurisdiction of the court. The federal court system and the individual state courts determine how many jury members sit for criminal and civil cases.

    Full Answer >
    Filed Under:
  • Q:

    Can I change my court date?

    A:

    The ability to change court dates depends on the rules of the jurisdiction that the court is held in. Many times, a court date can be changed if one of the lawyers is unavailable or if there is some type of pending emergency with someone involved in the case.

    Full Answer >
    Filed Under:
  • Q:

    What is original jurisdiction?

    A:

    The Legal Information Institute at Cornell University defines original jurisdiction as the power of a court to hear the case that has been bought before it. When a court has original jurisdiction, it has the authority to hold a trial and determine the facts of the case.

    Full Answer >
    Filed Under:

Explore