Why are some cases tried in federal court while others are tried in state court?
Q. Here's what I want to know. If a drug company sells a drug for say antiarthritic pain and it causes all these problems like death and major cardiovascular side effects, why would some of the cases be tried in state court and some be tried in federal court?
Asked by mjc - Tue Oct 6 14:28:25 2009 - - 7 Answers - 0 Comments

A. Federal Courts are for issues involving Federal Law. State Courts are for issues involving State Law.
Answered by Mike - Tue Oct 6 14:51:20 2009

Where should I have my attorney file my Employment Discrimination complaint in State or Federal Court?
Q. Which court is better to file a civil lawsuit complaint for the disabled is it state court or federal court? Both civil courts have disability laws so which civil court is better state or federal? Oh, and the federal judge that will be assign to my case if I have my attorney file it in that court is an old jerk.
Asked by A M - Wed Aug 27 21:29:24 2008 - - 1 Answers - 0 Comments

A. If you are filing on a violation of the ADA then Federal court would be the place to file, if the judge is not to your liking you can file a petition to have the judge recuse himself.~
Answered by INSOMNIAC - Thu Aug 28 04:07:45 2008

What types of criminal crimes would go under a State Court?
Q. I need 3 examples, for my law in society class, of 3 crimes that go under a state court. If it depends on the state then I would like for somebody to help me find 3 from the state of Alabama.
Asked by King James - Tue Nov 18 00:06:03 2008 - - 1 Answers - 0 Comments

A. Homicide, theft, burglary are all state charges. The feds can charge for the killing only of certain federal officials. It is up to the local state to charge and prosecute.
Answered by Leslie S - Tue Nov 18 02:15:22 2008

Can the US Supreme Court strike down a state law as unconstitutional?
Q. For example, if Nebraska passed a law restricting civil rights, can the US supreme court intervene or is that left to the state courts?
Asked by TF - Wed Feb 10 22:24:44 2010 - - 5 Answers - 0 Comments

A. State laws can't interfere with federal laws. So if a law interferes with the federal government's activity in a state, then that law will be struck down. But if federal law doesn't specify, then the state can adjust it all they want or to the point where it touches federal barriers.
Answered by i_was_myself - Wed Feb 10 22:30:04 2010

How do I determine whether each case is a function of the federal or state court system. Determine whether or?
Q. 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?
Asked by rainwater - Fri Jan 11 11:25:24 2008 - - 1 Answers - 0 Comments

A. If it's criminal law, the answer is simple. If among the alleged crimes is the violation of a federal statute it is heard in federal court. If it's civil, the question is more complicated. If there is a federal law question or diversity jurisdiction it may, but need not be, heard in federal court. If the case contains neither federal question nor diversity jurisdiction, it must be heard in state court.
Answered by David B - Sat Jan 12 22:17:56 2008

How much does the population have to increase to add an extra seat in the State Court House?
Q. In history class we are learning about the Constitution and stuff so i want to no how much the population has to go up by to add an extra seat in the State Court House. thank you!
Asked by *!$@h@R!* * - Wed Mar 4 18:41:14 2009 - - 3 Answers - 0 Comments

A. it dont go up some 1 in the surpreme court must die or retire. in the house of reps 1 for every 35000 senate 2 every state nvr changes
Answered by hello ppl of the unicalverse! - Wed Mar 4 18:58:34 2009

Can someone explain the difference in state court and federal court?
Q. I need a clear explaination so i can wrap my head around this, i have the general idea, but i'm looking for a clear cut straight up version of the state and federal court systems. thanks! i am wondering about civil cases. why would one get transferred from state court to federal court?
Asked by Ash - Wed Feb 7 12:36:45 2007 - - 4 Answers - 0 Comments

A. State courts are considered courts of general jurisdiction. They can typically hear all cases EXCEPT cases where federal law occupies that area of law. Examples of Federal Jurisdiction, immigration, bankruptcy, patents, etc. Dan1515 is partially correct in his answer. Except that state courts are also able to hear cases which concern a federal question, i.e. constitutional rights. As long as the feds do not occupy this area. There case/controversy involves a federal question -OR- Both parties are diverse (citizens of different states) AND the case/controversy exceeds $75,000 If the parties are diverse, it may be better for one party to file the suit in their own state in federal court and force the other party to travel to defend… [cont.]
Answered by Peter - Wed Feb 7 13:30:50 2007

is there a way to appeal a murder case to a court higher than the state court?
Q. Is there a way to get a murder case into a higher court,out of Oklahoma state court.To appeal a murder case,or re-trail a murder case ?
Asked by foxxy lady - Sat Feb 14 17:42:37 2009 - - 2 Answers - 0 Comments

A. If there is a violation of constitutional rights, it could go to federal courts or the US supreme court. But that' s very expensive and hard to do. So pretty much the state supreme court is it. Any case would have to work it's way up through the state court to the state supreme court. You can't transfer a case to another state court system because the laws there are different.
Answered by Libraryanna - Sat Feb 14 17:48:41 2009

what if a state constitution conflicts with a supreme court ruling on the 1st amendment?
Q. Is a state court's constitution independent and adequate state grounds to ignore the supreme court's ruling on a 1st amendment issue?
Asked by Big D - Sat Dec 8 19:44:07 2007 - - 10 Answers - 0 Comments

A. If the the state constitution conflicts with a supreme court ruling on the 1st amendment that mean that you are in the United States of America.
Answered by Jackson Peter Templeton Jr. - Sun Dec 9 10:40:14 2007

Can the state court of Texas overide a ruling by the Supreme court of the United States?
Q. Hypothetical situation: Someone from Texas kills someone else. It is labeled as a murder. When the Supreme court votes if they vote against death penalty they can overule Texas right? Because some states/most do nothave the death penalty?
Asked by Snox - Sat Jan 5 03:37:42 2008 - - 11 Answers - 0 Comments

A. A Texas state court cannot overide a ruling by the US Supreme Court. This is a fact. The US Supreme Court is the highest court in the United States.
Answered by sdn90036 - Sat Jan 5 08:17:41 2008

Some stated that it would be in bad faith to file it in state court then move it to federal court?
Q. Just curious to know as to why that would be considered in bad faith? I have seen serval of cases moved from state court to federal court. A Popular singer once had filed a lawsuit in federal court, but then her attorneys removed it from federal to state court. My interpretation of the law is that once the defendants are served, they don't have to be reserved so that wouldn't affect a jurisdiction move. Just curious.
Asked by shoe1diva - Sat Jan 26 12:23:46 2008 - - 1 Answers - 0 Comments

A. It is usually a matter of playing the odds. You file in the first court to see if you draw a judge you deem favorable to your facts and claims. If you don't, then you can choose a different forum and transfer the case from state to federal court or vice versa. Federal court forum shopping runs rampant in U.S. patent law matters in particular.
Answered by TK - Sat Jan 26 12:36:06 2008

Can I sue a state or state actor in federal court if I filed the action in state court but was then removed?
Q. I sued: 1) my former employer, 2) the state of new york and 3) individuals who were acting on behalf of the state. My employer said I had raised some Constitutional issues. My employer made a "notice of removal" and had the case moved from New York State Court to Federal Court (US District Court). I have multiple causes of action including a Section 1983 action, breach of contract, tortious interference and I am asking for specific performance of my contract. The 11th ammedment bars suits brought against the state or state actors in Federal Court, unless the state gives its consent. Therefore, my question is this, if one of the defendents (not the state defendents) makes a "notice of removal" into federal court, then have the state… [cont.]
Asked by answer? - Tue Dec 26 12:52:28 2006 - - 2 Answers - 0 Comments

A. New York has consented to bringing these types of claims in federal court. Of course, they will raise state immunity priviledges, which are applicable in state and federal court. Defendant was correct in removing the action to district court as you have brought a Section 1983 claim. Your claims will be heard, even your state-law related claims in federal court as the court will have supplemental jurisdiction over them. I hope you have an attorney, because you are going to have a difficult time proving your case (and you have the burden) against an attorney if you are pro se. Good luck.
Answered by Tara P - Tue Dec 26 13:31:58 2006

Must one state honor the ruling of a state court in another state?
Q. Must one state honor the ruling of a state court in another state?
Asked by Jacobi Smith - Tue Sep 29 21:00:27 2009 - - 1 Answers - 0 Comments

A. I know that states are constitutionally bound to honor the legislation passed by other states... I'm not too sure about court rulings, but I don't think it would be a stretch to say "Yes" to your question...
Answered by Aly - Tue Sep 29 21:06:15 2009

After the State's Supreme Court denies a writ, to which Federal Court do you go?
Q. My husband is fighting the state court on a constitutional issue and we are currently at the State Supreme Court level. If the State Supreme Court denies his writ, to which court do we go for an appeal of their decision? Is it the Federal District Court or the US COurt of Appeals? How can we go about getting Indigent Defense?
Asked by CK - Thu Apr 8 17:51:44 2010 - - 2 Answers - 0 Comments

A. If it's a constitutional issue, then he'd appeal to Federal District Court. The US Court of Appeals can only hear appeals from District Court, and the Supreme Court has a very narrow restriction on original jurisdiction, and this isn't one of them. As for Indigent Defense, there's nothing you're entitled to, since this is an appeal, and you've already had your day in court (and presumably lost). Your best bet is to approach organizations that deal with the constitutional issue at hand and ask if they want to assist in your defense. If yours is a good case, they may well help you. If no organization helps you, then you might have to consider that you could be on the wrong side of the constitution in this case.
Answered by Teekno - Thu Apr 8 18:00:53 2010

Speeding ticket transferred to state court?
Q. I just got a letter in the mail saying my case has been transferred to the State Court of the county I received it in and that I do not need to appear in traffic court on the date assigned. Does anyone know what this means?
Asked by Cinderella - Wed May 20 18:12:19 2009 - - 2 Answers - 0 Comments

A. It means it's a more serious case. Too serious for traffic court, so it's going to state court. As far as you're concerned, the only difference is the location.
Answered by Jimbo - Wed May 20 18:19:05 2009

How does a state trial court decision get to the Supreme Court?
Q. Please discuss how a state trial court decision gets from the trial court level to the United Supreme Court.
Asked by Carlotta - Wed Apr 16 22:38:10 2008 - - 3 Answers - 0 Comments

A. It generally doesn't- the vast majority of state trial court decisions never get to the Supreme Court. To get there, a number of unusual events all need to happen: 1.) The trial court decision has to materially involve some application of Federal constitutional law. 2.) A number of courts between the trial court and the Supreme Court have to address that Federal law issue. 3.) As part of step two, there needs to be some question that becomes unresolved- for example, a court has to hold that the Federal law means one thing, while an different court in a different Federal jurisdiction holds something different in a similar case. (This is called a "circuit split".) 4.) Finally, after several years, the US Supreme court has to agree that… [cont.]
Answered by asnakeny - Wed Apr 16 23:01:28 2008

Should the State Supreme Court of 7 have the right to overturn a people voted law?
Q. Should a State Supreme Court have the right to overturn a law that the people of the state voted overwhelmingly for? I thought this was a "Government of the people, by the people, for the people" but apperently Lincon was worng. It was a state constitutional amendment that was voted into law by the people of the state.
Asked by princess1981t20 - Thu May 15 14:05:27 2008 - - 5 Answers - 0 Comments

A. What I don't understand is why they even bother to put it to a vote of the people if a handfull of Judges are going to over turn it anyway.
Answered by misty is getting a tattoo - Thu May 15 14:24:43 2008

Can a lawyer from India be allowed to appear pro hac vice before a State Court of the U.S.?
Q. Can a lawyer who is admitted to the Bar Council of Delhi in India be allowed to appear pro hac vice before a State Court in the United States even though he/she is not admitted to the bar in any jurisdiction in the US?
Asked by dsankalp - Fri Jun 6 18:02:00 2008 - - 1 Answers - 0 Comments

A. It would be up to the judge. If there is a valid reason, like part of the case took place in India, then I don't see why not.
Answered by Jimbo - Fri Jun 6 19:41:01 2008

Gary is a state court judge. In his court, as in most state courts, he may grant?
Q. Gary is a state court judge. In his court, as in most state courts, he may grant a.equitable and legal remedies. b.legal remedies only. c.neither equitable nor legal remedies. d.equitable remedies only.
Asked by Tanya - Sat Mar 13 04:10:26 2010 - - 2 Answers - 0 Comments

A. e. unfair judgements in favour of multinational corporations.
Answered by KromDoob - Sat Mar 13 04:12:16 2010

What did voters in California do in November, 2008, after the State Supreme Court had legalized gay marriage?
Q. What did voters in California do in November, 2008, after the State Supreme Court had legalized gay marriage?
Asked by kimlive1234 - Thu Dec 4 16:11:25 2008 - - 8 Answers - 0 Comments

A. We went to Disneyland
Answered by Pip - Thu Dec 4 16:14:09 2008

From Yahoo Answer Search: 'State court'
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Naidu refuses bail, insists on Babli visit - Times of India
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Naidu refuses bail, insists on Babli visit - Times of India
Sat, 17 Jul 2010 22:16:33 GMT+00:00
Times of India Even as Dharamabad town observed a bandh on Saturday in protest against Naidu's actions, Maharashtra government officials requested the Dharmabad court to ... Naidu, partymen remanded in jail custody Sify
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that doesn t mean that Leslie I don t love going up to Vegas We go up at least once a year for the lights the fantastic shows and just people watching We always have a great time I usually use this opportunity to take a little longer route and sneak in a quick drive by of Ash Fork and Seligman on the way Though mere shells of their

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Grievance filed over pay freeze - FairmontSentinel.com | News ...
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Wed, 21 Jul 2010 04:00:00 GM

Hinrichs also pointed out that arbitrators and . State Court. of Appeals have filed similar cases with the grievance filer. "I'm not tone-deaf, nor are the employees tone-deaf to the financial issues being faced around the state," he said. ...

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