Answer: No. It is a common misconception among pro se litigants that federal courts can revisit and perhaps overturn a decision of the state courts.
Only if a federal issue was part of a state court decision can the federal court review a decision by the state court
.
Can a state court rule on a federal constitutional issue?
Can State Courts Decide Issues of Federal Law?
Yes
. State courts can rule on questions of federal law, except where Congress has mandated that a specific kind of case can only be heard in federal court.
Do federal courts have power over state courts?
A decision of the U.S. Supreme Court, a federal court,
is binding on state courts when it decides an issue of federal law
, such as Constitutional interpretation. authority on the state law issue—that is, decisions from all federal courts, other states' state courts, and other state trial courts in the same state.
Do state courts have to follow federal precedent?
Therefore, a California Supreme Court decision on a matter of
California law would bind federal courts on that state law issue
. Similarly, state courts must sometimes decide issues of federal law, but they are not bound by federal courts except the U.S. Supreme Court.
What are the 8 types of cases heard in federal courts?
Federal Questions: Federal Courts can decide any case that considers federal law. This includes
constitutional law, federal crimes, some military law, intellectual property (patents, copyrights, etc.)
, securities laws, and any other case involving a law that the U.S. Congress has passed.
What kind of cases are tried in federal court?
More specifically, federal courts hear
criminal, civil, and bankruptcy cases
. And once a case is decided, it can often be appealed.
What is the difference between federal court and district court?
District courts
handle trials within the federal court system
– both civil and criminal. … Federal trial courts have also been established for a few subject-specific areas. Each federal district also has a bankruptcy court for those proceedings.
What's the difference between state court and federal court?
Generally speaking,
state courts hear cases involving state law and federal courts handle cases involving federal law
. Most criminal cases are heard in state court because most crimes are violations of state or local law.
Are district court decisions binding on themselves?
Thus, a district court judge in California is not bound to follow precedent from any circuit court
except published decisions from the Ninth Circuit Court of Appeals
, which has appellate jurisdiction over California's federal courts.
What makes the Feds pick up a case?
The reasons vary from case to case. Likely it has something to do with the weapon and it's origins.
Large quantities of drugs or certain illegal firearms can and do get there attention
. You will know soon enough once he lawyers up.
What are two examples of cases where the federal courts would have exclusive jurisdiction?
Federal courts also have “exclusive” subject matter jurisdiction
over copyright cases
, admiralty cases, lawsuits involving the military, immigration laws, and bankruptcy proceedings.
What is the highest federal court?
The Supreme Court of the United States
is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress.
Do federal cases get dismissed?
Cases are almost never dismissed in federal court because the prosecutor isn't ready
. Because everyone knows that on the day of trial the trial will start, the AUSA will make sure that his or her witnesses are present and ready.
Why do defendants prefer federal court?
Defendants often consider the following when deciding whether to remove an action:
A desire to have a federal judge hear the case
. Parties sometimes believe that federal judges are more likely to be able to expertly manage complex cases than state-court judges, or are less likely to be beholden to special interests.
What is an example of a federal law?
Federal laws are rules that apply throughout the United States. …
Federal anti-discrimination and civil rights laws that protect against racial, age, gender and disability discrimination
.
Patent and copyright laws
. Federal criminal laws such as laws against tax fraud and the counterfeiting of money.
What are the two types of federal courts?
Federal courts decide disputes involving the U.S. Constitution, federal laws, disputes between states, and disputes involving more than $75,000 between residents of different states. At both the federal and state levels there are two kinds of courts:
the trial court and the appellate court
.
