You may get a better jury pool in federal court. 2. Jurisdiction refers to the area of responsibilty for each court system. These courts can take multiple forms, from Missouris truancy court for students skipping school to the US federal governments bankruptcy courts. Specialized courts bring many advantages for both the courts and for individual participants, but they also have unique disadvantages. 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. Federal versus state court: What is the difference? Explain the advantages and disadvantages of federal versus state court for this type of suit. 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. The state courts are three tier courts with a trial level court, an appellate court and a supreme court. Week 1, Discussion 1 - Applying the law to a set of facts, Copyright © 2020. When both options are available, the plaintiff can choose where to file the lawsuit. Federal courts generally hear cases that involve the following: In some situations, both state and federal courts can have jurisdiction over an issue. However, federal procedure is much stickier than state court procedure and the judges do dismiss more cases. 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 time frame of each case will vary. 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. Expense of federal versus state court cases. Speed of federal versus state court cases. In which state or states can the suit be brought? The State Court System: Article III of the Constitution invests the judicial power of the United States in the federal court system. When the law is unclear, there are still general considerations which may help you make a choice of court. Explain the advantages and disadvantages of federal versus state court for this type of suit. 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. Literature Review Centre / By the expertwriter. When and why would you choose to move a case to federal court? A lot depends on your … Your case will likely be faster even though you have the added […] The primary difference between state and federal courts is something called "jurisdiction." These complex judiciary systems---such as that in the United States---come with numerous advantages and disadvantages. Federal courts generally hear cases that involve the following: The United States as a party to the case I, appreciate the very good effort put into your post and the very good use of your textbook references, and citing them correctly! Another … It creates confusion. Since Javier is suing for 100k the lawsuit can be heard in either state or federal court during an appeal. For a limited time, find answers and explanations to over 1.2 million textbook exercises for FREE! 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. Each state decides what it calls its highest court. Explain the advantages and disadvantages of federal versus state court for this type of suit. 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 … Mr. Skolnik and Mr. Gaboury have represented me on multiple cases over the past two years. 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. The jurisdiction is what mainly separates state from federal courts. 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 … No Supreme Court. They provided high quality legal guidance for my small business during a difficult time and brought me a peace of mind. You may get a better jury pool in federal court. Introducing Textbook Solutions. 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 … Can anyone tell me what the potential advantages/disadvantages of this are? 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. The federal court versus state court is disadvantaged in that the jurisdiction is limited to cases it can listen to. Since Javier is suing for 100k the lawsuit can be heard in either state or federal court during an appeal. 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. 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. Each state has their own federal and state court system, with distinct differences between them. Wk1 discussion 1 Response. In the New York state court system, almost all cases are brought in the Supreme Court, which is the general trial court. State courts handle a far larger number of cases and have more contact with the public than the federals courts do. Jurisdiction refers to the area of responsibilty for each court system. hypothetical Case Problems. Course Hero, Inc. There are many advantages and disadvantages to our federal system of government, the benefits of which many believe outweigh the negatives. 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. 2. Although the federal courts hear far fewer cases than the state courts, the cases they do … For example, cases that involve parties in two different states, referred to diversity jurisdiction, may qualify to proceed in either federal or state courts. 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. We filed it in state court. In which state or states can the suit be brought? The federal court versus state court is disadvantaged in that the jurisdiction is limited to cases it can listen to. The Constitution and laws of each state establish the state courts. Get step-by-step explanations, verified by experts. Explain the advantages and disadvantages of federal versus state court for this type of suit. Thanks! 1. They are dependable, knowledgeable, and professional. In federal, state and local court systems, American judges hear disputes involving questions involving cases ranging from constitutionality to speeding tickets. Courts and Caseloads. 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. Jurisdictional issues are important both when determining where to litigate and when putting together agreements with dispute provisions. :-) You did a very. Advantages of Federal states 1. Some cases will settle after discovery is complete, others will require a full trial. Jurisdiction is the legal term that defines which court can hear a case. 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. 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. In state courts, the discovery process generally does not occur until after the parties pled their claims. Specialized courts bring many advantages for both the courts and for individual participants, but they also have unique disadvantages. Understanding the inner-workings of the western judicial system helps people to understand the history, planning and intricate details that are involved. State courts can fast track cases, sometimes referred to as a “rocket docket”. Some Advantages and Disadvantages of a Judge's Career. Read the Hypothetical Case Problem #1 at the end of Chapter 1 … Explain the advantages and disadvantages of federal versus state court for this type of suit. Having a basic understanding of each system can help guide your decision. Competition: The CUs are always competing. Each choice has its own advantages and disadvantages. These courts can hear cases on everything ranging from criminal matters to family law disputes. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. In reference to Rogers, the rational states that out-of-state individual might face resident prejudgment inside the state courts. 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