Friday, January 24, 2014

Key Differences between Federal and State Courts

In the U.S, each area is governed by the state laws and the federal laws as per the legal system being pursued. For instance, if you are a resident of Akron, Ohio, you are subjected to the Ohio state laws as well as the U.S laws. Owing to this distinction between the laws, there is an existence of both federal and state courts. The need to distinguish between the two is crucial to understanding their jurisdictions and implications.

Federal Courts


Established by the U.S constitution, the federal courts are run to safeguard federal laws i.e. laws present in the constitution and passed by the Congress, giving it limited jurisdiction. High level cases like disputes between states and bankruptcy cases are some of the cases heard in these courts. Federal courts generally deal with two types of cases, namely diversity of citizenship and the federal question. The U.S Supreme Court is the final authority and has the U.S Court of Appeals and the U.S Judicial courts under it.

State Courts


State courts are local courts which are established by the state itself. As state laws vary, each state court is following the law of its state. The Supreme Court is also the final authority in state courts. With general jurisdiction being followed, all type of cases heard in state courts including criminal cases, family law cases and state law cases among others. State courts interpret state laws to maintain control and power within the state and safeguard the rights of its citizens. For instance, the case of a motorcycle accident in Ohio will be dealt by a motorcycle accident lawyer in Ohio in the Ohio state courts. Only certain cases of the state court can go to the U.S Supreme court though, if they are regarding a highly important matter and the person did not get a satisfactory decision at the state court.

The distinction between the courts maintains a decorum and state order. Each citizen needs to understand the distinction and know the concerned laws to acquire his/her due rights. Depending on the state you are residing in, local attorney can help you through the litigation services and aid you in getting you due rights. Adequate research and consultation with a reputable and experienced attorney is a must to know the right way to go about things and depending on the seriousness of the case, approach the right court accordingly.

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