Wednesday, January 20, 2010

Would a case like Michigan v. Swartzentruber be considered a federal case?

or is this just a state case.Would a case like Michigan v. Swartzentruber be considered a federal case?
federal











P.s. to those of you whom feel it a state case, I need only show that it was in the district court of appeals to show that it was federal. If it was not a federal case, it would not make it into federal courts.








Lesley: In your own words....It isn't clear to me whether it was eventually appealed to a Federal Appellate court for constitutional issues, since it appears to be a First Amendment case.





To a what appellate court, and because it is a ...what kind of case.Would a case like Michigan v. Swartzentruber be considered a federal case?
Based on a quick google search, it was definitely a state case. It isn't clear to me whether it was eventually appealed to a Federal Appellate court for constitutional issues, since it appears to be a First Amendment case, but it most definitely was a state case to begin with. The Reported case is a Michigan Court of Appeals case and therefore a state case.
If the case was tried in a state court, it was a state case in which someone claimed that some law violated the constitution. Happens every day. If it was tried in a federal court, then it was a federal case in which the same defense was raised. Happens every day there as well.
It was a State case, not federal. It went to the District Court of Appeals and the Court sided with the Amish.
Federal. And if I'm not mistaken, the courts ruled in favor of the amish.

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