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Federal Court

Want to Make a Federal Case Out of It?

Want to Make a Federal Case Out of It?
You may have heard someone say: “Don’t make a federal case out of it.” But what happens if you do want to commence a federal case? Both the federal government and each of the state governments have their own court systems that hear criminal and civil cases.
In federal courts, there are federal rules of evidence, and rules of civil, criminal, bankruptcy and appellate procedure that must be followed.
Types of Case Only Heard in Federal or State Courts

To determine if your civil case is a federal case, you have to look at Federal Rules of Civil Procedure (FRCP), which govern civil proceedings.

The United States Supreme Court proposes the FRCP and Congress has veto power over them for a seven month period. There are 86 rules in the FRCP, which are grouped into 11 titles.

For example:

Rule 3 provides that a civil action is commenced by filing a complaint with the court.
Rule 4 deals with procedures for issuance of a summons, when the complaint is filed, and for the service of the summons and complaint on the defendants.
Rule 5 requires that all papers in an action be served on all parties and be filed with the court.
Important: Under Title II, Rule 12, a federal court has the authority to dismiss a case for lack of subject-matter jurisdiction upon a motion of a party or upon its own initiative. Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases related to a specific subject matter. For instance, only U.S. Bankruptcy Courts have the authority to hear bankruptcy cases.

 

 

 

 

 

 

 
 

Federal Jurisdiction

By far, the most important two categories of federal subject-matter jurisdiction in civil cases are:

1. Federal question jurisdiction. Under federal law, district courts have subject-matter jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States.

To meet the requirement of a case “arising under” federal law, the federal question must appear on the face of the plaintiff’s complaint. Note that, this jurisdiction is ordinarily not exclusive. States may hear claims based on federal law in some cases.

2. Diversity jurisdiction. Cases may be filed in federal courts based on the “diversity” of the litigants, such as between citizens of different states, or between U.S. citizens and citizens of other countries.

One limit to diversity jurisdiction is that only cases involving more than $75,000 in potential damages can be filed in federal courts. Cases with potential damages below $75,000 must be heard in state courts.

A corporation is treated as a citizen of the state in which it is incorporated and the state in which its principal place of business is located. A partnership or limited liability company is considered to have the citizenship of all of its constituent partners or members.
US Supreme Court

As you can see, to bring a federal case, there are many rules to follow. Speak with your attorney about whether your case should be a federal case.

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