{"id":17080,"date":"2018-09-03T19:31:57","date_gmt":"2018-09-03T19:31:57","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=17080"},"modified":"2018-09-03T20:35:10","modified_gmt":"2018-09-03T20:35:10","slug":"jurisdiction-of-state-courts","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=17080","title":{"rendered":"Jurisdiction of State Courts"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is also continued\u00a0from Intro<\/a>\u00a0>>>> Jurisdiction<\/a>\u00a0>>>>\u00a0Federal, State (County, Municipal), & Tribal Courts –\u00a0what’s the difference?<\/em><\/a>\u00a0>>>> State Courts<\/a>:<\/span><\/strong><\/span><\/p>\n

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\u00a0 \u00a0 \u00a0Excerpt from Represent Yourself in Court; How to Prepare & Try a Winning Cas<\/em>e<\/a> (7th ed.) by by Paul Bergman and Sara J. Berman (NOLO):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“State courts almost always have the power to hear cases involving events that took place in that state.\u00a0 They can also hear cases in which the <\/span><\/b><\/span>defendants<\/b><\/span><\/span>\u00a0reside in or are served with the relevant court papers (usually a summons and complaint) in that state.\u00a0 Unless your lawsuit is one of the few types of cases over which federal courts have exclusive jurisdiction, the state court in the state where you live will probably have jurisdiction to hear your case, whether your’e seeking an adoption, guardianship, or diverce; suing a landlord, a tenant, a contractor, or a repari shoop; taking someone to small claims court; probating a will; or getting involved in wone of the vast variety of other kinds of legal disputes.\u00a0\u00a0<\/b><\/span><\/span><\/span><\/p>\n

EXAMPLE 1:\u00a0 Dobbs, a Michigan resident, buys a used car from Rick’s Used Cars, a Michigan business.\u00a0 A few weeks later the car breaks down, and Dobbs learns that it needs a new engine.\u00a0 Dobbs sues Rick’s Used Cars for fraudand breach of contract in Michigan, which has jurisdiction because Rick’s is a Michigan business.<\/span><\/strong><\/p>\n

EXAMPLE 2: Allnut lives in Arizona and is involved in traffic accident in Arizona with Marlowe, a Texas resident.\u00a0 Allnut could file a lawsuit in Arizona state court, which would have jurisdiction because the accident took place there.\u00a0 (Every state has a “motorist” law that confers jurisdiction on its state courts to to hear cases involving all traffic accidents <\/b><\/span>occurring<\/b><\/span>\u00a0in that state.)\u00a0 Allnut could also file suit in Texas, where Marlowe resides, because state courts almost always have jurisdiction to hear cases filed against defendants who live in that state…. [T]his case is an is an example of dual or “concurrent” jurisdiction, and Allnut could file in federal court if he wished.<\/b><\/span><\/span><\/span><\/p>\n

EXAMPLE 3: Elaine, a New York citizen, sues Officer kramer, also a New York citizen, for violating her civil rights by falsely arresting her.\u00a0 Elaine bases the suit on a federal statute (42 United States Code\u00a0\u00a7 1933<\/a>) and asks for damages of $10,000.\u00a0 A new York federal court has the power to hear Elaine’s case.\u00a0 Because the case is based on (arises under) a federal statute, the New York federal court has jurisdiction even though Elaine and Officer Kramer are citizens fo the same state and Elaine seeks less than $75,000.\u00a0 Alternatively, Elaine could file the lawsuit in new York state court, which would have the power to eehar the case because the arrest occurred in New York and both Elaine and Officer Kramer live there.\u00a0 The state court has “concurrent jurisdiction” with the federal court and can enforce the federal law as it would a state law.\u00a0 Elaine can choose between federal and state courts in New York.<\/span><\/strong><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: pages 48-55 of\u00a0Represent Yourself in Court; How to Prepare & Try a Winning Cas<\/em>e<\/a> (7th ed.) by Paul Bergman and Sara J. Berman.\u00a0 NOLO.\u00a0 ISBN-13: 978-1-4133-1269-0 (pbk.)\u00a0 ISBN-10: 1-4133-1269-1 (pbk.)<\/span><\/span><\/strong><\/p>\n

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Back to\u00a0State Courts<\/a><\/span><\/span><\/strong><\/span><\/p>\n

Back to\u00a0Federal, State (County, Municipal), & Tribal Courts –\u00a0what’s the difference?<\/em><\/a><\/span><\/span><\/strong><\/span><\/p>\n

Back to\u00a0Jurisdiction<\/a>\u00a0<\/span><\/span><\/strong><\/span><\/p>\n

Back to\u00a0 Intro<\/a><\/span><\/span><\/strong><\/span><\/p>\n

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