Monday, January 18, 2010

What are the five kinds of cases heard by federal courts?

It has to involve a federal question (Federal Law), If the state doesn't have jurisdiction (i.e. parties from seperate states and it didn't happen on one state; if the amount is over 15,000 I believe.





Federal courts may only hear cases where federal jurisdiction can be established. Specifically, the court must have both subject-matter jurisdiction (federal law) over the matter of the claim and personal jurisdiction (two separate states and must be over 15,000) over the parties.





Key concepts in general federal law in the USA (other countries using a federal system differ), at all court levels, include standing and the Case or Controversy Requirement. These apply as strongly to constitutional cases as to any others, and often a seemingly ';civil rights'; related issue is rejected by the courts for these reasons. They flow from Article III, Section 2 of the United States Constitution. Standing means that a person raising a constitutional issue must be someone who, if his or her assertion is correct, will personally suffer an infringement of his or her rights if the court does not intervene. This means that, except in unusual circumstances (see third-party standing or class action), one cannot sue on behalf of another. The Case or Controversy requirement means that there must be at least two adversarial parties and an actual dispute between them. The effect is that federal courts in the United States will not issue advisory opinions or rule on hypothetical issues. (But see: Declaratory judgment).





To these two concepts, constitutional law adds the state action requirement. Simply put, a private citizen cannot violate another private citizen's constitutional rights. A case does not become a constitutional issue unless one party can show that a local, state, or federal government agency, officer or official was involved. For example, if a private citizen invades another citizen's house, the first citizen is liable to the second one in a lawsuit for trespass; on the other hand, if a police officer invades a citizen's home without a valid warrant or probable cause, the police agency or the officer can be found liable for violating the citizen's constitutional rights. (State and municipal officers are exposed to liability by 42 U.S.C. 搂 1983; cause of action against federal officers is due primarily to Bivens v. Six Unknown Named Agents, 403 U.S. 388.)





The first example is merely a violation of the legal right to privacy; the second is a violation of the Constitution's Fourth Amendment prohibition against unreasonable searches and seizures. (Note here: Some cases which the Supreme Court of the United States accepts and decides involve constitutional rights; others involve the interpretation of legal rights.)





What are the five kinds of cases heard by federal courts?
1. Segregation


2. Abortion


3. Right to Die


4 Gay Marriage


5. Prayer in the Classroom
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