In the United States there are two major court systems, the federal and the state courts. But what is the difference between the two? Federal courts are established by the United States government and largely handle disputes regarding the Constitution or federal law. State courts are established by the state and handle a larger variety of cases.
State courts are responsible for enforcing state law, though in some instances they may also have to enforce federal law.
There are two ways to get a case heard in federal court. One, the case must involve a question of federal law; or Two, the case must involve a dispute between citizens of different states and the amount in controversy must exceed $75,000. With these restrictions it may be difficult to have a case heard in federal court but these restrictions serve to weed out cases that state courts should hear and keep the federal docket at a lower level.
Almost any case can be heard in state court by simply filing the appropriate paperwork with the court. State courts can hear cases that could also be brought in federal court in most instances therefore it is not always necessary to file a case in federal court. It is also possible to have a case removed from state court to federal court if it meets certain criteria.
Depending on the suit you are filing deciding which court to file it in may make a difference in your case. If your case can be brought in federal court it may be advantageous to do that for a variety of reasons including having a judge who is neutral if the parties are from different states or to have a judge who is more knowledgeable of federal law. However it may also be more advantageous to have your case heard in state court.
