• 3 months ago
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.

Recommended