1. Comparing State and Federal Courts

2. Why are there two court systems in the United States?
Federalism refers to a sharing of powers between the national and state governments. Certain powers are given to the federal government, and reserves the rest for the states.
Both federal and state governments need their own court systems to apply and interpret law.
Federal and state constitutions attempt to do this by specifically spelling out the jurisdiction of their respective court system.

3. Jurisdiction of the courts: Federal v. State
To combat the fear that the federal courts would threaten the independence of the states and people, the framers set up a federal court system that can only hear cases in special circumstances. (This is called limited jurisdiction)
Most of the day to day cases that courts deal with are in state court.
State courts are courts of general jurisdiction. They hear all the cases not specifically selected for federal courts.
Federal courts interpret federal law. State courts interpret state law.

4. Federal Courts They may only decide certain types of cases:
Those that raise a federal question:
Involving the government, Constitution, or other federal laws.
Crimes that violate federal law (bank robbery, drug cases, guns, kidnapping)
Interstate commerce or criminal activity, or disputes between states.
Civil cases based on federal laws, such as employment discrimination or laws regulating securities trading or competition.
Controversies coming out of the Constitution or other federal laws, such as a violation protection guaranteed by the Bill of Rights.
A case in which the US is a part, such as Social Security claims or federal tax violations.
Cases involving foreign governments, such as international trade/foreign treaties
Bankruptcy, patent, copyright, Native American, and maritime cases.

5. Federal Courts, (cont’d)
Diversity of Citizenship Jurisdiction
These cases involve disputes between two parties not from the same state or country.
Between citizens of two different states.
Between a US citizen and a citizen of another country (Must involve a claim for at least $75,000 in damages. Otherwise, it must be filed in state court.)

6. State Courts
Courts of general jurisdiction. They hear all the cases not heard by federal courts.
About 90% of the cases heard in the court system happen here.
A crime that is a violation of state law. (Most criminal activity, such as robbery, assault, murder, and many drug related crimes.)
Controversy arising out of the state constitution or laws.
Case in which the state is a party, such as state tax violations.
Most real estate, malpractice, personal injury, and contract disputes.
Family, divorce, custody, inheritance, and probate cases.
Traffic and juvenile cases.