Tuesday, January 29, 2013

The Difference Between State And Federal Courts

There are two kinds of courts in the US - state and federal. Every state has both state and Federal Courts (FC). This article discusses the main differences between the state and FC systems. Note that "to hear" when talking about courts, means the court listening to and ruling on a case.

The first difference is that FC were established by the U.S. constitution, and are controlled by the fed court system, a part of the US government. State (and the city and county courts within each state) courts were established, and are controlled by each state.

The second difference is the jurisdiction of state and FC. The jurisdiction means the types of cases a court is legally authorized to hear.

State courts have broad jurisdiction. Cases such as theft, traffic violations, broken contracts, common fraud, small claims, and family disputes are usually heard in state courts.

FCs limit themselves to the types of cases listed in the constitution and specifically provided for by Congress. Federal courts hear lawsuits against the United States, federal crimes, cases involving violation of federal laws or the constitution, antitrust, bankruptcy, patent, copyright, most maritime cases, and cases where people are in different states and the amount in controversy exceeds $75,000 (this is called diversity jurisdiction).

In some cases, both state and FCs have jurisdiction. This allows parties to choose whether to go to state or FC.

Robbing a person lands you in state court. Robbing a bank lands you in FC. Selling drugs in one town lands you in state court, driving drugs across state lines lands you in federal court. Hit and run usually lands you in state court, hit and run at a federal park lands you in FC.

A person can go to state or FC to bring a case under the federal law, or both federal and state laws. A state-law-only case can be brought only in state court.

It is very important that one files their lawsuit in the correct jurisdiction. If one finds that they are a defendant in a lawsuit, it is very important to consider jurisdiction. If the lawsuit was filed in the wrong court, it may be possible to get their case dismissed.

For more information, please see the link below: http://articles.directorym.com/Jurisdiction_Federal_Vs_State_Court-a935260.html

For more information regarding the differences between state and FC, please see the link below: http://en.wikipedia.org/wiki/State_court#Civil_cases

Why Use Worldwide Court Reporters?

From classic court reporting to complex legal services, clients of court reporting agencies have a variety of needs, one of the most prominent of which continues to be worldwide court reporters. In an age where most businesses plan on going global, having court reporters that are licensed and qualified to practicing reporting on a worldwide basis is now a reality. But worldwide court reporters and the agencies that supply them aren't just for global law firms and businesses. They also benefit organizations whose work takes place regionally or nationally.

Despite its expansive connotation, the term worldwide court reporting ultimately means reporters supplied to any location. In other words, if your organization conducts proceedings in two or more states, it could benefit from contracting with a reporting agency whose reporters have licensure in all 50 states, which is the case at agencies that offer worldwide reporting. But there's more to a worldwide reporting agency than the provision of worldwide court reporters.

Just as worldwide agencies offer reporters for worldwide assignments, they also offer accommodations to help facilitate the assignments, such as complimentary suites that can be used for depositions or strategic meetings, video conferencing to connect with parties at your home location, and litigation support services that allow attorneys to build their case while legal assistants research and categorize information. Even if your proceedings occur at different locations within a region, you can take advantage of a worldwide agency's services as if your proceedings took place globally.

If you know that you need worldwide court reporters, it's important make some considerations before hiring a reporting agency. For example, some agencies that advertise as being "worldwide" really offer their services nationwide. Similarly, some agencies claim worldwide service but only offer services in select nations. Therefore, it's important to ensure that an agency offers reporters in the areas where you need them, as well as the accommodations mentioned above.

Another consideration for hiring an agency is to ascertain whether it offers reporters whose specialties and work experience meet your needs. Treat the situation as if you were hiring a reporter for a proceeding in your hometown. If the nature of the proceeding involves business, medicine, economics, etc., make sure that an agency offers reporters that are familiar with the vocabulary of the proceeding. Also be sure that the agency can supply reporters that offer the technical skills you need, such as electronic reporting, real-time reporting, voice writing, etc.

Finally, make sure that an agency screens its candidates on their personal attributes before hiring them, as not all personality types are ideal for the demands of reporting, such as an absence of bias, a capacity for boredom, and patience. All agencies screen candidates on their education, licensure, and work experience. But top agencies do a thorough personality screening as well.


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