- The U.S. Constitution specifies two main categories of cases that fall under federal jurisdiction. The first involves diversity of citizenship, which simply involves civil matters between two parties who reside in different states, when the amount in dispute exceeds the amount set by federal law. The second category, federal question, involves cases regarding constitutional law or treaties made under the authority of the United States. These can include suits between states, federal crimes and bankruptcy, among others.
- State courts have jurisdiction over any case not within federal court jurisdiction. These can include cases involving the state constitution, state criminal offenses, personal injury, and family and estate issues.
- Under certain circumstances, states have concurrent jurisdiction with the federal government. For example, in a diversity of citizenship case, when the parties reside in different states, the state may hear the case if the defendant does not request that it be moved to federal court. The state also has the right to interpret the U.S Constitution or any federal statute in a state trial. However, this will subject the state court to federal review.
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