Saturday, August 7, 2010

Can anyone choose whether to have their case heard in a state court or federal court?

It's based upon subject matter jurisdiction.





The Federal courts sorta has a policy of trying not to hear cases, i.e. they'll kick cases to state court at every opportunity.





There are three ways to get into Federal court. 1) If it's a federal question 2) Diversity of citizenship and it meets the amount in controversy requirement and 3) removal.Can anyone choose whether to have their case heard in a state court or federal court?
No.





If you are charged with a Federal crime, you are tried in Federal court. If you are charged with a State crime then you are tried in State court.





If you sue someone then the case is heard in State court unless it meets one of the specific tests for the Federal courts to have jurisdiction.





RichardCan anyone choose whether to have their case heard in a state court or federal court?
It depends.





Most states have bankruptcy laws, and you can do a state or a federal bankruptcy.





If it is about a state law, then it has to be state.

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