Difference between federal court and state court

Barrister Amna (Alevels Academy Islamabad)

A Levels Academy Islamabad

Transcript

00:00Since the colonies got together and declared independence from Britain,

00:04the state governments have had an interesting relationship.

00:07In fact, until the Constitution was agreed upon,

00:10there was a lot of fighting over just how much of this independence

00:13that these states had just fought for

00:15would have to be given up to the new federal government they were creating.

00:19The structure they came up with is two-in-one,

00:22an overlapping system where each state had its own government,

00:25and the new country had one as well.

00:27Separate and apart from the state governments,

00:30we call that government the federal government.

00:33And by government, we mean all three branches,

00:36the executive, the legislative, and of course, the judicial,

00:40which are the court systems.

00:42So each state has its own laws and its own courts,

00:45and the federal government has its own laws and courts.

00:48And just to make it extra complicated,

00:51either court, state, or federal can enforce the laws made by the other.

00:55It can be confusing because sometimes the federal courthouse

00:58is right across the street from the state courthouse.

01:01Which one is the right one for you?

01:03The answer depends on the court's jurisdiction.

01:06Jurisdiction is the court's power to hear certain kinds of cases.

01:10The rule of thumb is that state courts have the broadest jurisdiction.

01:14It may be the opposite of what you would guess,

01:17but the state courts have the power to hear

01:19a much bigger variety of cases than federal courts.

01:22So the majority of ordinary cases are most likely to be tried in state court.

01:26State courts handle about 30 times the cases the federal court does every year,

01:31which works out to around 90% of the total caseload.

01:35But federal court will take over in special situations.

01:38For example, federal courts have jurisdiction over cases

01:41where the United States is involved as a party

01:44and cases involving direct violations of the U.S. Constitution

01:48or federal statutes.

01:50This is called federal question jurisdiction.

01:54Federal courts can also hear cases between people from different states

01:58if it's for an amount over $75,000.

02:01This is called diversity jurisdiction.

02:04Federal jurisdiction also covers cases dealing with bankruptcy,

02:08patenting, copywriting, or maritime law.

02:11That's the ocean.

02:13However, if a state law violates a federal law or the Constitution,

02:17this can be argued in state court.

02:19But it's important to remember that federal and state court work side by side

02:23and one is not superior to the other.

02:25Each recognizes the other's potential jurisdiction over a case.

02:29Whether you're going to court locally or dealing with the big guys,

02:33LegalYou is there to help you prepare for it all.

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