How Federal Courts Differ from State Courts
Most of us have probably heard the expression “don’t make a federal case out of it” at some point or another, and many people understand that both state and federal courts can hear claims. However, litigating a case in federal court can be very different from filing a lawsuit in many state courts. Not only are the procedures in federal court different from the rules used in many state courts, but there are other differences as well. All told, there are many ways that federal courts differ from state courts, and these differences must be kept in mind when deciding where to file a lawsuit.
Limited Jurisdiction
Unlike many state courts that have wide-reaching jurisdiction, federal courts can only hear certain types of claims. The kinds of cases that can be filed in federal court include suits between residents of different states if the amount at issue is above a certain limit. In addition, lawsuits based on federal laws can also be heard in federal courts. Furthermore, lawsuits involving federal officials, admiralty matters, and other types of cases are typically filed in federal court. Sometimes, if a lawsuit involves claims that can be litigated in federal court, and some claims that are typically filed in state court, all of the claims can be heard in federal court. However, it is important to keep in mind that federal court differs from state court, since only certain types of cases can be heard in federal court.
Time and Resources
Federal courts usually have more resources than state courts. In addition, less cases are usually filed in federal court than are typically filed in state courts. Therefore, as a general rule, federal courts are more attentive and involved with the lawsuits that are filed in federal court than many state courts. As a result, federal cases can take a shorter amount of time to reach a resolution, although this often depends on the type of case that is being litigated. In addition, federal courts are more likely to be strict about enforcing deadlines and the rules of procedure. Resolving cases faster can be a benefit or a disadvantage depending on the circumstances, so it is important to consult an experienced attorney who understands how federal court differs from state court.
Jury Pools
Another way that federal courts differ from state courts is that jury pools in federal courts can be drawn from different populations than state courts. In most states, including New Jersey and New York, jury pools typically comprise people residing in the county where a lawsuit is filed. However, federal courts typically draw jury pools from individuals residing in multiple counties. As a result, if a lawsuit can only be filed in a state court in a county with a jury pool that might not be favorable to a party, attorneys can try and file the case in federal court to have a more advantageous jury pool. Since determinations about jury pools are usually made from experience, it pays to hire a seasoned attorney who knows the nuances of filing a case in a specific county versus federal courts located within a state.
Judges
It is generally much more difficult to become a federal judge than it is to become a state judge. This is because federal judges normally need to go through a much more rigorous vetting process in order to be appointed to the bench, and must be selected by the President and confirmed by the Senate in order to begin their tenure. On the other hand, some states, like New York, elect judges, so there is typically less of a vetting process to become a state judge. In addition, even when state governors appoint judges, such as in New Jersey, the vetting process for state judges is typically less rigorous than with federal judges.
In addition, federal judges have life tenure, as opposed to some states, such as New Jersey and New York, where most judges only serve for a period of time and then must be re-appointed or re-elected. The combination of all of these factors generally make federal courts more favorable to defendants and state courts more favorable to plaintiffs. Nevertheless, it is important to consult an experienced attorney to evaluate how the composition of judges can impact a party’s case.
Different Procedures
Federal courts and state courts have different rules governing how lawsuits will be litigated. Sometimes, these rules differ in only small ways, but sometimes the differences can have a big impact on a case. For instance, some state courts have mandatory arbitration of certain types of claims and this is usually not required in federal court. In addition, federal courts oftentimes allow parties to obtain more information about the other party’s case, including asking questions under oath of the other party’s expert witnesses. Furthermore, federal courts may permit parties to present less evidence during trial than parties may be able to admit if a case was being heard in state court.
Because of all the differences between federal and state courts, it is important to retain an experienced attorney who understands all of the nuances concerning where to file a lawsuit. The Rothman Law Firm has substantial experience handling lawsuits in the state and federal courts of New Jersey and New York. If you are looking for an experienced New Jersey and New York litigator, please feel free to contact The Rothman Law Firm to request a free legal consultation.