Comparative Essay: Differences Between Federal And State Courts
Differences between Federal and State Courts
There are often good reasons to choose federal court over state court, or state court over federal court. Here are some of the considerations that lawyers and clients weigh when deciding one court over the other. The list is not all inclusive.
Existence of Jurisdiction. Whether there is jurisdiction in either or both of the courts. Federal jurisdiction requires either a federal question and sometime a minimum dollar amount at issue or that there by "diversity of citizenship" and a minimum dollar amount at issue. "Diversity jurisdiction" requires that none of the plaintiffs come from any of the state from which the defendants come (and there is a "double diversity test" if a corporation is involved, with the corporation's state being both the state of incorporation and the state …show more content…
Federal judges have reporting requirements that make them move their cases faster, on the average, than many state courts. If you are the plaintiff and want a fast resolution of the action, you probably would consider federal court, but if you want to drag your heels and have a slow lawsuit, you probably will be thinking about a state action. Most state judges have less reason to move a case along than a federal judge.
Jury Pool. Federal court can and does draw from a larger area in many instances than the state courts located in the same city. This can result in different types of jurors, something which should be taken into consideration by plaintiffs seeking a jury trial.
Location of the Competing Courts. Most of the time, the state court is closer to the office of the plaintiff's attorney, which often means that for the convenience of the plaintiff's attorney the state court will be selected (or the federal court, if closer). There is a significant advantage to the attorney to have an action commenced in the closer court, but this is only one factor and should not override all or most of the other
There are often good reasons to choose federal court over state court, or state court over federal court. Here are some of the considerations that lawyers and clients weigh when deciding one court over the other. The list is not all inclusive.
Existence of Jurisdiction. Whether there is jurisdiction in either or both of the courts. Federal jurisdiction requires either a federal question and sometime a minimum dollar amount at issue or that there by "diversity of citizenship" and a minimum dollar amount at issue. "Diversity jurisdiction" requires that none of the plaintiffs come from any of the state from which the defendants come (and there is a "double diversity test" if a corporation is involved, with the corporation's state being both the state of incorporation and the state …show more content…
Federal judges have reporting requirements that make them move their cases faster, on the average, than many state courts. If you are the plaintiff and want a fast resolution of the action, you probably would consider federal court, but if you want to drag your heels and have a slow lawsuit, you probably will be thinking about a state action. Most state judges have less reason to move a case along than a federal judge.
Jury Pool. Federal court can and does draw from a larger area in many instances than the state courts located in the same city. This can result in different types of jurors, something which should be taken into consideration by plaintiffs seeking a jury trial.
Location of the Competing Courts. Most of the time, the state court is closer to the office of the plaintiff's attorney, which often means that for the convenience of the plaintiff's attorney the state court will be selected (or the federal court, if closer). There is a significant advantage to the attorney to have an action commenced in the closer court, but this is only one factor and should not override all or most of the other