Thursday, May 13, 2010

How do I determine whether each case is a function of the federal or state court system. Determine whether or?

How do I determine whether each case is a function of the federal or state court system. Determine whether or not each case falls under federal or state jurisdiction. Identify and explain the differences between the jurisdiction and original venue, for each case.... this is the question on 5 cases I have, I do not expect the work to be done, I just want someone to ''simplify'' these steps. How can I decipher what is what?How do I determine whether each case is a function of the federal or state court system. Determine whether or?
the easist way is to look at what statute is at issue. If it's case law that's being interpreted, then it would be a function of the state court system. If the case falls under a statute issued by the executive branch, i.e. EPA, SEC, etc, or the constitution, then it's federal jurisdiction. You can sometimes bring state questions into federal court if it: exceeds a certain amount of $$$ (usually around $75,000), if there is diversity of citizenship amongst the parties, or if it deals with a federal statute.

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