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American courts are usually either federal or courts?
TChavezinSanDiego
state courts.
Wiki User
∙ 14y ago
Wiki User
∙ 15y agostate
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What are differences between constitutional federal courts legislative federal courts and the supreme court?
Constitutional federal courts are either created or allowed to be created under Article III of the Constitution. For instance, federal district courts and circuit court of appeals are Constitutional federal courts. The Supreme Court also falls under the category of Constitutional Federal Courts and it is the highest court in America. Legislative federal courts, on the other hand, are established by Congress using implied power. For instance, the Court of Military Appeals is a legislative federal court.
What case can be heard in federal court?
It really depends, but for crime it is interstate, or if somebody is suing the national government. This is not a complete answer.The simple answer is, in any of the following conditions:Whenever a Federal criminal statute has been broken.If, in a civil case, the Civil Law in question is a Federal one (e.g. Maritime law regarding salvage rights)When there is a possible violation of Constitutional Rights (e.g. Habeas Corpus)When both parties to the dispute are StatesWhen one party of suit is the US Federal Government (i.e. the Federal Government is being sued or is suing someone)If there is a dispute about which State should have jurisdiction in a case (either criminal or civil), a Federal court will either (a) make a decision as to who has jurisdiction to hear the case, or (b) decide to have the case moved to Federal court.Typically, appeals of State Court decisions must fall under #3 - that is, there must be some Constitutional issue to be decided. Federal Courts do NOT act as general review of State courts. For instance, murder is usually a State crime, and would be prosecuted in a State Court, with possible appeals of issues in the murder case handled up to the State's Supreme Court. A Federal Court could only get involved if there was a possible violation of a Constitutional Right; in which case, the Federal Court is not ruling on the facts of the murder case (i.e. isn't deciding whether the defendant is guilty of murder), but is ruling on the application of Constitutional Rights in the case. Of course, this may result in the defendant being set free, but that's not the same as declaring the defendant innocent (indeed, it is possible to re-try the case without Double Jeopardy attaching).
What is federal court?
United States Federal Court SystemArticle III of the United States Constitution set out out to create three separate and unique branches of power: the Legislative, consisting of the House of Representatives and the Senate, the executive, including the president and its administration and the Judiciary. The Judiciary was established to protect the rights and freedoms that are ensured in the U.S. constitution. Unlike state courts, federal courts (under the judiciary branch) have the ability to change a ruling previously established by lowers courts, therefore allowing Federal Courts to make a peremptory decisions. However, only through the Court of Appeals can a citizens bring their case to a federal level. All federal cases must reviewed by the Court of Appeals to render certain that the case pertains to federal law as enacted in the United States constitution. Once a decision is made in a federal court, all lower courts must submit to the federal courts ruling.
What is a federal bill?
A federal bill is a bill that originates in either the House of Representatives or Senate. These bills are published in the Congressional Record.
Identify the main responsibilities of the court of appeals and the state supreme court?
The state Courts of Appeal review and render decisions on cases appealed to them from the lower circuits of the state court system. No actual jury trials are held at this level, they simply review the cases for legal sufficiency and render a verdict either affirming them or remanding them back to the lower courts for re-trial. State Supreme Courts hear all cases which have been appealed past the circuit court and appelate levels and - like the appeals court - no jury trials are held in front of them either although the opposing lawyers for both sides can appear and deliver their respective arguments. Cases appealed to the state Supreme Court have reached their highest level at this point and the State Supreme Court's decision is final and binding. Cases can move out of the state courts system into the Federal court system ONLY if the case involves or contains some over-riding interest in, or conflict with, Federal law.
What are differences between constitutional federal courts legislative federal courts and the supreme court?
Constitutional federal courts are either created or allowed to be created under Article III of the Constitution. For instance, federal district courts and circuit court of appeals are Constitutional federal courts. The Supreme Court also falls under the category of Constitutional Federal Courts and it is the highest court in America. Legislative federal courts, on the other hand, are established by Congress using implied power. For instance, the Court of Military Appeals is a legislative federal court.
What group of people make the decisions in District Courts?
In US District courts - either the presiding Federal Judge (if a non-jury trial) or a federal jury impaneled to hear the case.
When both the state court and the federal court have jurisdiction what is it called?
When state and federal courts both have authority to hear the same case, they have concurrent jurisdiction.Each system has both courts of original jurisdiction (trial courts) and courts of appellate jurisdiction. State courts typically hear matters involving state questions; federal courts hear matters involving federal questions. There are some exceptions, however, when a case may be heard in either state or federal court.For more information, see Related Questions, below.
What two major systems of courts are there?
There are two main systems, Judicial, dealing with laws, and civil, dealing with codes and mainly civil matters. Breaking a law , such as stealing a car, would go to the judicial system. Claims that a company was negligent and allowed an injury to happen would go to civil court. An auto accident insurance claim might go either way, depending if the defendant was supposedly breaking any laws as said time of incident.
When a case can be heard in either a state or federal court?
A case that can be heard in either a state or federal court is sometimes called a "class action" case. Other cases that can be heard in federal or state courts are crimes that are punishable under both laws, federal constitutional issues, some civil rights claims, environmental regulations, and certain disputes that involve federal law.
What are the courts three basic functions?
The primary function of the state courts are to provide jurisdiction on a more local level. The local court system handles criminal and civil disputes, etc., that do not need to be taken to the federal or Supreme level.
Who has jurisdiction over the lower courts?
In the federal court system, the US Courts of Appeals Circuit Court typically have appellate jurisdiction over cases heard in US District Court. The US Supreme Court may exercise appellate jurisdiction over either the US Courts of Appeals Circuit Courts or the US District Courts, but in most cases District Court appeals are first filtered through the Circuit Courts.
What branch of government can overrule decisions made by lower courts?
Appellate courts in the Judicial Branch have jurisdiction (power, authority) to review and uphold lower court decisions on appeal.Decisions can only be enforced by the Executive Branch.
What is the primary purpose of appellate courts?
To see if trial courts or district courts make a mistake of either law or procedure.
How does the US Court of Appeals for the Federal Circuit differ from other federal courts of appeals?
The United States Court of Appeals for the Federal Circuit is the only federal court with jurisdiction that is defined by subject matter as opposed to geographic area. There are eleven other number circuits covering the geographic area of the United States, and one Federal Circuit for Washington, D.C.The United States Court of Appeals for the Federal Circuit hears appeals from specialized trial courts, such as the United States Court of Federal Claims, and complaints arising under the patent laws. Unlike other federal courts of appeals, it hears appeals from all district courts. Uniquely, the Federal Circuit has binding precedent for the entire U.S. within the jurisdiction of its subject matter. This is unlike other Federal Courts of Appeals which have binding precedent over a geographic region, and can result in differing interpretations of federal law (commonly known as "Circuit Splits"). This typically means that in regards to its subject matter, the Federal Circuit is typically the last word, as most of its cases will not be heard by the US Supreme Court.AnswerThe jurisdiction is different.There are thirteen United States Courts of Appeals Circuit Courts comprising the intermediate appellate step between the District Courts and the Supreme Court.The United States Court of Appeals for the Federal Circuit is the only court with nationwide jurisdiction over courts with special subject matter jurisdiction, such as appeals from:US Court of Federal ClaimsUS Court of International TradeUS Court of Veterans' ClaimsUS Trademark Trial and Appeal Boardpatent casesUS contractor disputesappeals from several departmental boards and commissionsappeals under certain Acts of Congress.The other twelve US Court of Appeals Circuit Courts have territorial jurisdiction over US District Courts located within Circuit's regional parameters. US District Courts have original (trial) jurisdiction over cases of general jurisdiction (the majority of federal civil and criminal cases) that occur within the boundaries of their district.
What refund comes first state or federal?
There is no exact date for either the State or Federal Income tax refund to get to you. If you file electronically, they will usually get to you at about the same time but there will not be a significant difference.
Is Supreme Court the same as criminal court?
No, not usually. New York State, which names its state trial courts "supreme courts," may try either criminal or civil cases. Texas has two final appellate courts that operate at the supreme court level: the Supreme Court of Texas and the Texas Court of Criminal Appeals.In most situations, a "supreme court" is the highest court of appeals for a state or federal court system. They typically review both criminal and civil cases, but do not hold trials.
