How do you know which to file in?File a case in state court or federal court....?
You can only file in federal court if you meet certain minimum criteria -- for example, either the lawsuit must involve a federal statute (called ';federal question jurisdiction';), or the person you are suing must be in a different state AND the amount of the lawsuit must be over $75,000 (called ';diversity jurisdiction';).
If you do not qualify under either federal question or diversity jurisdiction, then you must file in state court.
A few issues -- bankruptcy, admiralty, copyright -- can only be filed in federal court, because they are exclusively federal questions.File a case in state court or federal court....?
if its not a big deal than you shouldnt make a federal case out of it
Each one has some areas of law that they are interested in and some that they are not. And there will be a small amount of overlap.
Your attorney will know which court it should be filed in.
What is your lawsuit about? If we knew what it was about, we could tell you which jurisdiction to file it in.
Cory is right about the criteria of where to file - are you a lawyer?
Tuesday, August 24, 2010
Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?
The FDA governs food and drug in all the states so that should definitely be a federal matter I would think. What state would have jurisdiction and why that particular state?Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?
The FDA is a Federal agency and so any trials would have to be in a Federal Court.Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?
No, they don't. It can't be tried in state court either. It is held in a separate tribunal, which is controlled by the FDA. Congress created the FDA with the power to do this, as well as many other agencies.
i'm almost 100% positive that must be tried in the federal courts since the FDA is a federal institution
The FDA is a Federal agency and so any trials would have to be in a Federal Court.Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?
No, they don't. It can't be tried in state court either. It is held in a separate tribunal, which is controlled by the FDA. Congress created the FDA with the power to do this, as well as many other agencies.
i'm almost 100% positive that must be tried in the federal courts since the FDA is a federal institution
How can I find out the details of a case regarding a federal inmate?
Is there a free way, other than asking the inmate himself?And, can I accomplish this online?
If there are no free ways, then I'd be interested in any way that I can find out the details of a case regarding a federal inmate.
I have googled the person's name; I have googled United States v. the person's name; none of that has worked. I have went to www.bop.gov, the federal of prisons website, and all they give is the persons name, and release date (I already know that). I want to know exactly why the person is in federal prison.
I'd appreciate your help.How can I find out the details of a case regarding a federal inmate?
If you can find out which court convicted him, then you should be able to pull the case file at that courthouse. You would just use their computers to search for the name of the person, and all offenses in the last ten years should appear. Click on the one you want, and give the details to the clerk.
You should be able to review the file for free (public record), but if you want copies, you will have to pay for those.
Good luck!How can I find out the details of a case regarding a federal inmate?
if you know what jail he is in you can go to their website (if they have one) and look for a link that will allow you to look up an inmate. for example, the san diego central jail has a site, you click on the link that says who is in jail and type the last name. they will show you the info and you can have a summary of charges emailed to you.
If there are no free ways, then I'd be interested in any way that I can find out the details of a case regarding a federal inmate.
I have googled the person's name; I have googled United States v. the person's name; none of that has worked. I have went to www.bop.gov, the federal of prisons website, and all they give is the persons name, and release date (I already know that). I want to know exactly why the person is in federal prison.
I'd appreciate your help.How can I find out the details of a case regarding a federal inmate?
If you can find out which court convicted him, then you should be able to pull the case file at that courthouse. You would just use their computers to search for the name of the person, and all offenses in the last ten years should appear. Click on the one you want, and give the details to the clerk.
You should be able to review the file for free (public record), but if you want copies, you will have to pay for those.
Good luck!How can I find out the details of a case regarding a federal inmate?
if you know what jail he is in you can go to their website (if they have one) and look for a link that will allow you to look up an inmate. for example, the san diego central jail has a site, you click on the link that says who is in jail and type the last name. they will show you the info and you can have a summary of charges emailed to you.
1 case involving a violation of federal law?
when george w bush was president1 case involving a violation of federal law?
[still chuckling over Richard's answer]1 case involving a violation of federal law?
While George W. Bush was President, Barack Obama ran for election as President. This was a violation of Federal law because Obama ceased to be a US citizen when he was adopted by Leo Soetoro when Obama's mother married him and moved to Indonesia.
edit.... demos is partly right and partly wrong. Being adopted as a minor by a foreign national does deprive you of your US citizenship. You can reclaim that citizenship within five years of turning 18 simply by filing the requisite paperwork. Obama never did so. He returned to the US before he reached 18 on his mothers passport, and simply never bothered.
Why do you think it was a campaign official for the *Democratic* Party in PA that started the whole ';Obama was born in Kenya'; rumor mill, and not a Republican? The answer is simple, since Obama *was* born in Hawaii, they started the whole 'birther' fiasco to draw attention away from the real citizenship question.
Richard
Boumediene v. Bush
Hey Rick, to bad your mom didn't have an abortion. The conservatives wouldn't have had a problem with your mom doing that to you.. Cause the doctors wouldn't have considered you intelligent life....
Actually, adoption by a foreign national does not deprive one of his citizenship. All that is necessary is to reclaim one's citizenship after the age of 18.
There are countless cases involving violations of federal law. Do you want one that specifically involved George W. Bush?
[still chuckling over Richard's answer]1 case involving a violation of federal law?
While George W. Bush was President, Barack Obama ran for election as President. This was a violation of Federal law because Obama ceased to be a US citizen when he was adopted by Leo Soetoro when Obama's mother married him and moved to Indonesia.
edit.... demos is partly right and partly wrong. Being adopted as a minor by a foreign national does deprive you of your US citizenship. You can reclaim that citizenship within five years of turning 18 simply by filing the requisite paperwork. Obama never did so. He returned to the US before he reached 18 on his mothers passport, and simply never bothered.
Why do you think it was a campaign official for the *Democratic* Party in PA that started the whole ';Obama was born in Kenya'; rumor mill, and not a Republican? The answer is simple, since Obama *was* born in Hawaii, they started the whole 'birther' fiasco to draw attention away from the real citizenship question.
Richard
Boumediene v. Bush
Hey Rick, to bad your mom didn't have an abortion. The conservatives wouldn't have had a problem with your mom doing that to you.. Cause the doctors wouldn't have considered you intelligent life....
Actually, adoption by a foreign national does not deprive one of his citizenship. All that is necessary is to reclaim one's citizenship after the age of 18.
There are countless cases involving violations of federal law. Do you want one that specifically involved George W. Bush?
Would it be possible bring a case against the federal government for it's unjust laws against marijuana?
on the grounds that it is a law that was put in place because harry j anslinger spread misinformation to have it banned. presidents such as nixon and george bush waged war on drugs to promote their own political agenda's. making marijuana illegal was a political move to subjugate the ';degenerate races'; (mexicans,blacks,hispanics...) as harry j ';mudslinger'; put it in his propaganda campaign. could it be argued that it was made illegal for racist reasons and since racist acts are illegal, could some very brave lawyer sue the federal government for inciting racism? i know in the real world who ever did this would more than likely be shot or given a jury of idiots and a judge affiliated to the kkk but i'd like to hear a lawyers opinion even if it's all only hypothetical.Would it be possible bring a case against the federal government for it's unjust laws against marijuana?
You can always ';bring a case against the federal government for it's unjust laws against marijuana';.
Expect to pay a large retainer and to lose the case.Would it be possible bring a case against the federal government for it's unjust laws against marijuana?
FREE THE WEED, WE'LL ALL HAVE FREE WEED.FREE THE WEED PLANT A SEED
You can always ';bring a case against the federal government for it's unjust laws against marijuana';.
Expect to pay a large retainer and to lose the case.Would it be possible bring a case against the federal government for it's unjust laws against marijuana?
FREE THE WEED, WE'LL ALL HAVE FREE WEED.FREE THE WEED PLANT A SEED
A state supreme court refused to hear my case how long do I have to file an appeal in federal court.?
Better learn about appeals first. The way in which to seek federal relief is not an ';appeal'; at all. If you want to file a cert. petition in the U.S. Supreme Court, you get 90 days from the denial of the appeal by the state supreme court. If you didn't know enough to be able to look up that info by yourself, there is no way you will be able to file a cert petition that will even get past the clerk's office.A state supreme court refused to hear my case how long do I have to file an appeal in federal court.?
Is there a Federal issue?
Federal courts aren't just ';the next step'; above State courts.
For a Federal court to entertain an appeal of a State conviction, the appeal must raise a bona-fide issue of Federal law.
As an example, to use a famous case.....
In Miranda v Arizona, Miranda was convicted in the Arizona State courts. He appealed all the way to the AZ Supreme Court on the grounds that the confession used to convict him had been improperly obtained. The State courts denied all his appeals.
After exhausting his State appeals, he appealed to the Federal courts, claiming that his rights under the *Federal* Constitution had been violated. The Court took his case, agreed with him, and struck down his conviction. We now have cops all over the country giving ';Miranda'; warnings to those they arrest and question.
If there was no issue of *Federal* law to be argued though, the Federal courts would not have taken his case.
Richardfacial treatment
Is there a Federal issue?
Federal courts aren't just ';the next step'; above State courts.
For a Federal court to entertain an appeal of a State conviction, the appeal must raise a bona-fide issue of Federal law.
As an example, to use a famous case.....
In Miranda v Arizona, Miranda was convicted in the Arizona State courts. He appealed all the way to the AZ Supreme Court on the grounds that the confession used to convict him had been improperly obtained. The State courts denied all his appeals.
After exhausting his State appeals, he appealed to the Federal courts, claiming that his rights under the *Federal* Constitution had been violated. The Court took his case, agreed with him, and struck down his conviction. We now have cops all over the country giving ';Miranda'; warnings to those they arrest and question.
If there was no issue of *Federal* law to be argued though, the Federal courts would not have taken his case.
Richard
Federal judges and justices typically hold office for many years. Why is this the case?
Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. The names of potential nominees often are recommended by senators or sometimes members of the House who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term. The federal Judiciary, the Judicial Conference of the United States, and the Administrative Office of the U.S. Courts play no role in the nomination and confirmation process.
Federal judges are usually appointed for life. Why go look for another job when you can't be fired unless you get disbarred?
It is a rare honor to be appointed to such a position, and they want to keep it for as long as they can keep getting up and going to work.Federal judges and justices typically hold office for many years. Why is this the case?
Well, the supreme court is a lifetime position.Federal judges and justices typically hold office for many years. Why is this the case?
Whn the constitution was drafted, they allowed for various terms of office. Representatives serve for 2 years. Presidents for 4, senators for 6 and most federal judges have a lifetime appointment. Each of those folks has different roles and the drafters want the judiciary to be far removed from the politics of the moment, to be pure of thought in deciding questions of law, while representatives are supposed to the most responsive to the will of their constituents.
Judges has no fixed term of office.
So it won't bias their decisions. If they think that deciding a certain way could cost them their job, then they wouldn't be totally free to make unbiased rulings.
Federal judges are usually appointed for life. Why go look for another job when you can't be fired unless you get disbarred?
It is a rare honor to be appointed to such a position, and they want to keep it for as long as they can keep getting up and going to work.Federal judges and justices typically hold office for many years. Why is this the case?
Well, the supreme court is a lifetime position.Federal judges and justices typically hold office for many years. Why is this the case?
Whn the constitution was drafted, they allowed for various terms of office. Representatives serve for 2 years. Presidents for 4, senators for 6 and most federal judges have a lifetime appointment. Each of those folks has different roles and the drafters want the judiciary to be far removed from the politics of the moment, to be pure of thought in deciding questions of law, while representatives are supposed to the most responsive to the will of their constituents.
Judges has no fixed term of office.
So it won't bias their decisions. If they think that deciding a certain way could cost them their job, then they wouldn't be totally free to make unbiased rulings.
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