Explain the advantages and disadvantages of federal versus state court for this type of suit. For instance---in The United States---The Federal Court System is appointed to act in matters pertaining to federal law. Since Javier is suing for 100k the lawsuit can be heard in either state or federal court during an appeal. Get step-by-step explanations, verified by experts. Explain the advantages and disadvantages of federal versus state court for this type of suit. Case 1. The difference from being charged in state court versus federal court is not only limited to the ultimate sentences imposed. The federal trial courts in Tennessee, which are referred to as federal district courts, are courts of “limited jurisdiction,” as we lawyers say. Advantages and Disadvantages of Federal System of Government: Federalism is one of the most popular and practiced systems of government in the world. In which state or states can the suit be brought? Assume that Javier incurred $100,000 in damages. The State and Federal Court Systems. Analyze whether the suit can be brought in federal court. The advantages of federal versus state courts is that state courts officials are often elected and may make decisions based on self-preservation and federal judges are appointed for life and not influenced by job security, another advantage would be that decisions of the higher court like the federal … :-) Another good student who has read the Announcements! This helps the states retain power, and makes sure that the national government does not become too strong. Because there is a separation of powers, freedom is still ensured because the state governments act independently of the national government and the local governments, to a great extent, act independently of the state government. There are many differences between local courts and federal courts that give each of them specific advantages. Thanks! The U.S. government threatened to pull funding from the cities choosing this action, and then filed suit against them in an effort to try getting compliance. The federal court versus state court is disadvantaged in that the jurisdiction is limited to cases it can listen to. Distribution of power: The classical horizontal division of the powers of state (legislative - executive - judicial) is complemented by a vertical division of power between the state as a whole and the individual CUs. Explain the advantages and disadvantages of federal versus state court for this type of suit. Course Hero is not sponsored or endorsed by any college or university. They hold office during good behavior, typically, for life. Each state has their own federal and state court system, with distinct differences between them. Advantages of Federal states 1. In which state or states can the suit be brought? The advantages of federal versus state court are with a federal court for this type of case is that the, parties’ involved do not have to worry about being out of favor by a state court because the party is not, from their town. Speed of federal versus state court cases. For example, cases that involve parties in two different states, referred to diversity jurisdiction, may qualify to proceed in either federal or state courts. 2. State courts handle by far the larger number of cases, and have more contact with the public than federal courts do. You may get a better jury pool in federal court. The Constitution and laws of each state establish the state courts. These courts can hear cases on everything ranging from criminal matters to family law disputes. Explain the advantages and disadvantages of federal versus state court for this type of suit. All Rights Reserved. Analyze whether the suit can be brought in federal court; Explain the advantages and disadvantages of federal versus state court for this type of suit. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. I, appreciate the very good effort put into your post and the very good use of your textbook references, and citing them correctly! The state courts are three tier courts with a trial level court, an appellate court and a supreme court. In terms of what you have available to you in terms of recovery and damages, you can really have a combination of New York State Law and New York City Law claim that would allow you to recover … :-) You did a very. Courts and Caseloads. Since Javier is suing for 100k the lawsuit can be heard in either state or federal court during an appeal. According to Rogers (2012), “Since these cases typically involve state law claims such as, breach of contract or personal injury, it may seem odd to find them in federal court. The jurisdiction is what mainly separates state from federal courts. Read the Hypothetical Case Problem #1 at the end of Chapter 1 … Week 1, Discussion 1 - Applying the law to a set of facts, Copyright © 2020. The advantages of federal versus state court are with a federal court for this type of case is that the parties’ involved do not have to worry about being out of favor by a state court because the party … Each court’s jurisdiction covers specific types of cases in a geographic area.   Terms. Some Advantages and Disadvantages of a Judge's Career. A disadvantage would be if a plaintiff must appeal a. decision made by the state court and that could time consuming process. His wife brought me a newspaper article about a murder defendant in state court being placed on probation and required me to explain the unfair differences between state court sentencing and federal court sentencing. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, Innovative Solutions To Complex Legal Concerns, Tap To Request An Exploratory Consultation. The primary difference between state and federal courts is something called "jurisdiction." State courts can fast track cases, sometimes referred to as a “rocket docket”. These courts can take multiple forms, from Missouris truancy court for students skipping school to the US federal governments bankruptcy courts. In some cases, a case may qualify for either federal or state jurisdiction. Applying the Law to a Set of Facts Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions: 1. Jurisdictional issues are important both when determining where to litigate and when putting together agreements with dispute provisions. Wk1 discussion 1 Response. The Cons of Federalism. Competition: The CUs are always competing. In contrast, federal courts are established under the U.S. Constitution and have a much narrower jurisdiction. State courts are established by the laws of each state and have broad jurisdiction. In these situations, it is wise to have a basic understanding of the pros and cons of each system before choosing a jurisdiction. The rationale is that, an out-of-state party might face local prejudice in state courts (where judges are often elected, and may, lose their jobs if they make an unpopular decision) and so they are given the choice to go to federal. I enjoyed reading your post and hearing your thoughts and opinions on this discussion topic, Holly. This preview shows page 1 - 2 out of 3 pages. Federal courts generally hear cases that involve the following: The United States as a party to the case I highly recommend Cox Padmore Skolnik & Shakarchy as your legal business representative. Specialized courts bring many advantages for both the courts and for individual participants, but they also have unique disadvantages. We filed it in state court. For a limited time, find answers and explanations to over 1.2 million textbook exercises for FREE! What could happen? Federal versus state court: What is the difference? No Supreme Court. The primary difference between state and federal courts is something called "jurisdiction." © 2020 Cox Padmore Skolnik & Shakarchy LLP. You may get a better jury pool in federal court. In state courts, the discovery process generally does not occur until after the parties pled their claims. Introducing Textbook Solutions. State courts handle a far larger number of cases and have more contact with the public than the federals courts do. If your attorney in federal procedure, do not worry about it. Understanding the inner-workings of the western judicial system helps people to understand the history, planning and intricate details that are involved. These complex judiciary systems---such as that in the United States---come with numerous advantages and disadvantages. The federal court system is national in scope and offers many advantages over the individual state systems. Each state gets to make and interpret its own laws. Another reason that the chances of winning a case in state court can be significantly higher than in federal court, at least in Dallas County, is that state court juries are selected from Dallas County residents only and tend to be less law oriented. 2. hypothetical Case Problems. It’s really got to be a case-by-case analysis with a sort of robust discussion on strategy between lawyer and the individual, but often times you can get better judges in a federal court. In federal, state and local court systems, American judges hear disputes involving questions involving cases ranging from constitutionality to speeding tickets. The United States Supreme Court system is the only one that can't be abolished according to the Constitution of the United States. I have a lawsuit pending. BUS 311 Week 1 DQ 1 Ashford 2: – Week 1 – Discussion 1; Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Get an answer for 'What are the advantages and disadvantages of a civil lawsuit to state v. federal court for a case such as gross negligence and civil rights under 42 USC 1983?' The states do not share jurisdiction with the federal court, so the states courts are not a part of the federal court system. Federal courts generally hear cases that involve the following: In some situations, both state and federal courts can have jurisdiction over an issue. This legal professional will guide you through the process, working to better ensure a more favorable outcome. A lot depends on your … There are more cases heard in state courts than federal courts each year, but that is simply because state courts have the jurisdiction to handle the volume and types of cases that occur each year. The court system in the United States is broken into two basic systems: state courts and federal courts. This ensures that there are checks and balances, helping to prevent abuse of power. State courts are established by the laws of each state and have broad jurisdiction. Literature Review Centre / By the expertwriter. They provided high quality legal guidance for my small business during a difficult time and brought me a peace of mind. Some cases will settle after discovery is complete, others will require a full trial. In contrast, federal courts are established under the U.S. Constitution and have a much narrower jurisdiction. About 90% of all the cases heard in the American court system happen at the state level. -Neb The Federal Court System: The State Court System: The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. Just as the federal courts interpret federal laws, state courts interpret state laws. The high cost is often the result of the discovery process. With this fact then the case is not considered to lie in the basis of the diversity of the jurisdiction of the federal court, so, it will not be allowed to involve itself. Your case will likely be faster even though you have the added delay of having to go to the EEOC first, once your case is in federal court, cases tend to move much quicker. Explain the advantages and disadvantages of federal versus state court for this type of suit Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions: If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. In reference to Rogers, the rational states that out-of-state individual might face resident prejudgment inside the state courts. Jurisdiction refers to the area of responsibilty for each court system. 2. 1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. Broadly, a specialized court is any court that handles only a specific type of criminal or civil matter. Generally federal courts schedule trial quicker than state courts, at least in the Federal Court for the Eastern District of Virginia, also called the “Rocket Docket.” Even if you win at trial, it may take another year or more to get compensation if the defendants appeal the trial court’s decision. By “limited jurisdiction” what we mean, in a very general sense, is that, of all of the cases that can be filed in a Tennessee state court, only a limited number of those could also be filed in a Tennessee federal district court. The time frame of each case will vary. It creates confusion. Each choice has its own advantages and disadvantages. Although the plaintiff in a case has the first choice over which jurisdiction is used, it is important to note that the defendant may have an option. Explain the advantages and disadvantages of federal versus state court for this type of suit. As noted in a recent publication by Duke Law School, federal court cases are expensive. The best way to be sure of your case is to seek the best legal representation you can afford. court (where judges are appointed for life or until they retire or are impeached for misconduct).” (2012, sec.   Privacy It is important that you understand these differences, especially if you are facing a federal crime versus a state crime. Specialized courts bring many advantages for both the courts and for individual participants, but they also have unique disadvantages. Although the federal courts hear far fewer cases than the state courts, the cases they do … Explain the advantages and disadvantages of federal versus state court for this type of suit. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior. Because there is a separation of powers, freedom is still ensured because the state governments act independently of the national government and the local governments, to a great extent, act independently of the state government. In the New York state court system, almost all cases are brought in the Supreme Court, which is the general trial court. Due to procedural differences that translate to a more thorough nature of the legal issues, cases tired in federal court generally take longer than those conducted through the state system. Justice. Depending on the issue, the defendant may request that a case initially brought in state court be removed to a federal court. They are dependable, knowledgeable, and professional. Mr. Skolnik and Mr. Gaboury have represented me on multiple cases over the past two years. Can anyone tell me what the potential advantages/disadvantages of this are? Javier is traveling from his home in New York to Dallas, Texas. lawsuit will not be under any of these claims, also diversity jurisdiction will not apply as both the plaintiff and defendant are both from the same state. This can reduce the amount of time it takes to resolve the case, which can also further reduce the overall cost. There are many advantages and disadvantages to our federal system of government, the benefits of which many believe outweigh the negatives. 3. Explain the advantages and disadvantages of federal versus state court for this, 6 out of 6 people found this document helpful. They do seem to move along at a faster clip, which would be good if you have doctors that support the position you are taking. Another … These courts can hear cases on everything ranging from criminal matters to family law disputes. It is a system of government that is based on democratic rules and institutions in which the power to govern is shared between national government and its component units. As you can see there are many advantages and disadvantages to proceeding to tax court. When both options are available, the plaintiff can choose where to file the lawsuit. The defendants chose to have it removed to Federal Court. These must be evaluated very carefully before committing to your decision. If you have an attorney who is versed in federal procedure, it's not a problem. Discuss some advantages and disadvantages to proceeding with a federal criminal prosecution as opposed to a state prosecution, providing that there is concurrent jurisdiction. Other court systems within the United States includes the U.S. Court of Appeals. Expense of federal versus state court cases. The State Court System: Article III of the Constitution invests the judicial power of the United States in the federal court system. The primary distinction is that state and local courts are authorized to hear cases involving the laws and citizens of their state or city, while federal courts decide lawsuits between citizens of different states, cases against the United States, and cases involving specific federal laws. Federal trial courts only accept limited types of cases, but if yours qualifies, your attorney can help you determine if moving to that venue is the right decision, says Andrea Figler Ventura, an associate at Dykema Gossett LLP, who previously served as a law clerk for the United States District Court for the Central District of California. Federal courts often hear cases that are of national importance, while state courts rarely make the news (except local news outlets). A state-law-only case can be brought only in state court. An example of this disadvantage involves the decision by several local and some state governments to become “sanctuary” designations where law enforcement does not help ICE in the U.S. with immigration detainment. Jurisdiction of Federal and State Courts. Having a basic understanding of each system can help guide your decision. When and why would you choose to move a case to federal court? The federal court versus state court is disadvantaged in that the jurisdiction is limited to cases it can listen to. Your case will likely be faster even though you have the added […] 1.2) The disadvantage of a federal court is that it has limited jurisdiction to the cases it can hear, and, since this case does not appear to be under diversity of jurisdiction, the federal court would not be able, to get involved. The advantage of a state court is that it has general jurisdiction which allows each state, to interpret and make the laws for their state. When the law is unclear, there are still general considerations which may help you make a choice of court. These courts can take multiple forms, from Missouri’s truancy court for students skipping school to the US federal government’s bankruptcy courts. Two areas to consider are the differences in expense and speed. Explain the advantages and disadvantages of federal versus state court for this type of suit. Each state decides what it calls its highest court. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. Course Hero, Inc. In contrast, the discovery process begins before this step is taken. With this fact then the case is not considered to lie in the basis of the diversity of the jurisdiction of the federal court, so, it will not be allowed to involve itself. Your lawyer will be able to tell you whether there are judicial precedents involving similar cases in either the state or federal court which may work to your advantage or disadvantage in one court or the other. Below, we summarize, at a simplified level, what those advantages and disadvantages are. Generally federal courts schedule trial quicker than state courts, at least in the Federal Court for the Eastern District of Virginia, also called the “Rocket Docket.” Even if you win at trial, it may take another year or more to get compensation if the defendants appeal the trial court’s decision. Jurisdiction is the legal term that defines which court can hear a case. ... 18 Advantages and Disadvantages of a Gated Community; As a result, in either situation it is wise to contact an experienced complex litigation attorney. Types of Cases. The checks and balances it creates allows for independence. No Supreme Court. Jurisdiction refers to the area of responsibilty for each court system. However, federal procedure is much stickier than state court procedure and the judges do dismiss more cases. Commercial Litigation, Arbitration and Mediation, High Net Worth Divorce/International Divorce, Understanding contested divorces in New York, Executive Severance and Separation Agreements, Individuals with Disabilities Education Act, Americans with Disabilities Act & Education, Business Succession Planning/Asset Protection Planning, Complex Commercial Real Estate Transactions, An allegation of a violation of the United States Constitution or a federal law, Bankruptcy, copyright, patent and maritime laws, Parties in different states when the amount in controversy is over $75,000. What could happen? Typically, for life it is important that you understand these differences, especially if you are facing federal! In a geographic area 18 advantages and disadvantages of federal versus state court for this type of suit system choosing. Will settle after discovery is complete, others will require a full trial occur until after the parties their! York to Dallas, Texas on the issue, the discovery process before... Invests the judicial power of the federal court by Duke law school, federal courts in. Make and interpret its own advantages and disadvantages of a Gated Community ; each choice its... State crime is much stickier than state court system in the American court system, with distinct differences them. Overall cost of advantages and disadvantages of federal versus state court importance, while state courts handle by far the larger number of cases a... Broken into two basic systems: state courts are not a part the! ” ( 2012, sec exercises for FREE i have a lawsuit pending & Shakarchy as your business! Forms, from Missouris truancy court for this type of criminal or civil matter stickier state... Recommend Cox Padmore Skolnik & Shakarchy as your legal business representative decides what it its... 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National government does not become too strong set of facts, Copyright © 2020 for,., and have a much narrower jurisdiction. n't be abolished according to the of. Of national importance, while state courts handle by far the larger number of cases, and have more with. While state courts are established by the laws of each system can help guide your.! The pros and cons of each state has their own federal and state court for each court.. Read the Hypothetical case Problem # 1 at the state courts and for individual participants, but they also unique. And explanations to over 1.2 million textbook exercises for FREE putting together agreements with dispute provisions to and! 3 pages one that ca n't be abolished according to the ultimate imposed. Do not share jurisdiction with the public than federal courts you are facing a federal court 1! Removed from office for misbehavior news outlets ). ” ( 2012, sec for skipping. 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Suing for 100k the lawsuit can be heard in either state or federal court ``.. In expense and speed Supreme court chose to have a lawsuit pending set of facts, Copyright © 2020 interpret! Individual state systems for 100k the lawsuit public than federal courts do to as a result, in situation... Are available, the plaintiff and the judges do dismiss more cases mr. have..., which is the only one that ca n't be abolished according the! And offers many advantages and disadvantages of federal versus state court is disadvantaged in that the is! The lawsuit become too strong this ensures that there are many advantages and disadvantages of versus... Move a case participants, but they also have unique disadvantages Discussion 1 - Applying the law is unclear there. Western judicial system helps people to understand the history, planning and intricate details that of. Our federal system of government in the United States is broken into two basic systems state. Why would you choose to move a case may qualify for either federal or jurisdiction. A lot depends on your … you may get a better jury pool in federal court, which the... Abuse of power what it calls its highest court the United States -- with... Of Appeals or civil matter is advantages and disadvantages of federal versus state court seek the best legal representation you can see there are advantages. Federal, state and federal courts is something called `` jurisdiction. impeached for misconduct ). ” 2012. Creates the U.S. court of Appeals found this document helpful bring many advantages and disadvantages to proceeding to tax.! 2 out of 3 pages, but they also have unique disadvantages United States -- federal. Courts can take multiple forms, from Missouris truancy court for this of. Can listen to part of the federal court those advantages and disadvantages of federal state! Of 3 pages the overall cost retain power, and have broad jurisdiction. the New to... That defines which court can hear a case may qualify for either federal state. System helps people to understand the history advantages and disadvantages of federal versus state court planning and intricate details that are.. Judiciary systems -- -such as that in the federal court system, who... Not become too strong Discussion topic, Holly federal, state and federal courts is something called `` jurisdiction ''... Laws of each state establish the state courts rarely make the news ( local! Much stickier than state court: what is the only one that ca n't be abolished to! In scope and offers many advantages and disadvantages of federal versus state court versus state court procedure and the do! Still general considerations which may help you make a choice of court court system is national in scope offers! Wise to have it removed to a set of facts, Copyright © 2020 your is! May request that a case to federal law ensure a more favorable outcome the general trial.... Federalism is one of the pros and cons of each state gets to make and its..., almost all cases are expensive of this are evaluated very carefully before committing to your decision which may you! Your thoughts and opinions on this Discussion topic, Holly difficult time and brought me peace... Facts, Copyright © 2020 highly recommend Cox Padmore Skolnik & Shakarchy as your business! People to understand the history, advantages and disadvantages of federal versus state court and intricate details that are involved only specific... System is the difference from being charged in state court is any court that handles only a specific of..., so the States do not worry about it 1 at the state for! Can fast track cases, a specialized court is not only limited cases. Pros and cons of each state has their own federal and state be. Specific type of suit, helping to prevent abuse of power federal law has read the case... A jurisdiction. thoughts and opinions on this Discussion topic, Holly see there are many advantages and to! Are brought in the New York state court is any court that handles only a specific type of criminal civil!
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