Dual Court System

Dual Court System

By Thomas Waranavage

How the Two Court Systems Interact and Overlap

Remember, cases involving a federal law or the U.S. Constitution, and those between parties from different states and those involving more than $75,000 may be heard in a federal court. All other cases (and, by far, most cases) are heard in state courts

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But Wait!!!

In addition to the state court decisions that involve federal laws or constitutional rights and therefore can be appealed to the U.S. Supreme Court, there are cases which could be tried in either court system.

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Concurrent Jurisdiction

When more than one court has the authority to hear a case

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In cases involving concurrent jurisdiction, the party may choose which court system—federal or state—is best to hear the case.

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Poll

1. David Greene and his wife Laura wanted to renovate their kitchen, so they signed a contract with Shoddy & Sons, a local builder, and gave the company a $10,000 deposit. Shoddy & Sons failed to do any work on the project and won’t respond to Mr. Greene’s phone calls, and the Greenes want their money back.

• Federal

• State

• Concurrent

Poll

2. Susan Hammond looks desperate as she bursts in your office. She tells you her husband, Tom, was making fake $100 bills in their spare bedroom. She used a few of the bills to purchase a $350 CatMagic self-flushing litter box. She was arrested late last night by the F.B.I. and charged with the crime of knowingly using counterfeit bills. She needs you to represent her in her criminal case.

• Federal

• State

• Concurrent

Poll

3. Debbie and Jim Lomach were driving from their home in Chicago to Dallas for a family reunion in their brand new Airstream motorhome when a truck full of oranges from the Florida Floranges Company plowed into their Airstream, causing over $100,000 of damages to the motorhome. Although no one was injured physically in the crash, the Lomaches have come to you asking what they should do about the extensive damage to their Airstream (not to mention the lingering citrus smell).

• Federal

• State

• Concurrent

Poll

4. April Snow, a rising star in the pop music world, stomps into your office because a new artist, Hybiscus Slant, has come out with a song entitled “You’re My One and Only Glove,” which sounds exactly like April’s hit from last year, “You’re My One and Only Love.” She knows there are national copyright laws that protect songwriters against people copying their melodies and words, and she’s looking for your help.

• Federal

• State

• Concurrent

Poll

5. Ted Abel walks into your office and tells you his sad story. He had been trying to get to the local baseball field to catch the last innings of his son’s big game when he was pulled over for speeding. He was traveling 62 mph in a 45-mile-an-hour zone. He also forgot to renew his license after his last birthday, so he was driving with an expired license.

• Federal

• State

• Concurrent