Saturday, August 7, 2010

Some cases, such as bankruptcy and patent, are heard only in federal courts...?

Some cases, such as bankruptcy and patent, are heard only in federal courts. Do you think that having exclusive jurisdiction by federal courts in these subject matters is a good idea? Why or why not? Some cases are also only heard in state courts. For example, most family law cases are almost always heard in state court and not federal court. Is this a good idea? Why or why not?Some cases, such as bankruptcy and patent, are heard only in federal courts...?
A very good philosophical question which was considered when the constitution was written. The general idea is that some things ought to be uniform across the country whereas some things, more local in nature, ought to be left to the states. And the bias is that most things are local and ought to be left to the states. So to look at things over which Congress has the right to regulate exclusively, look at Article 1 and particularly Section 8 of the Constitution.Some cases, such as bankruptcy and patent, are heard only in federal courts...?
The federal courts are for answering constitutional questions. The state courts are for anything you need a court for.


Hope this helps, God Bless, Martha S.

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