136k views
3 votes
For each case, decide whether it will be tried in a federal or state court. To what court could each case be appealed? Explain. Then give an example, different from those listed, of a case that could be heard in a state court and a case that could be heard in a federal court.

1. A state sues a neighboring state for dumping waste in a river that borders both states.
2. A wife sues her husband for divorce.
3. A person is prosecuted for assaulting a neighbor.
4. Two drivers from the same state crash their cars into each other. One driver sues the other
for medical bills and car repairs.
5. A woman who has patented an invention sues another person later claiming to have invented the same item.

User Bartlett
by
7.1k points

1 Answer

3 votes

Final answer:

Cases involving controversies between states, patent law, or federal questions are tried in federal courts and can be appealed to the U.S. Supreme Court. Divorce, assault, and accidents happening within a single state are heard in state courts with appeals going to the State Court of Appeals or State Supreme Court.

Step-by-step explanation:

Case Jurisdictions and Appeals

1. A state sues a neighboring state for dumping waste in a river that borders both states. This case would be tried in a federal court, as it involves a controversy between two states. It could be appealed to the U.S. Supreme Court which has original jurisdiction in such matters.

2. A wife sues her husband for divorce. This is a state court matter, as divorce is part of family law, which is under the state's purview. An appeal would typically go to the State Court of Appeals or State Supreme Court, depending on the state's judicial system structure.

3. A person is prosecuted for assaulting a neighbor. Assault cases are generally heard in state courts unless there is a federal question involved. Appeals would go to the State Court of Appeals or State Supreme Court.

4. Two drivers from the same state crash their cars into each other. One driver sues the other for medical bills and car repairs. This is also a case for the state court, being a civil dispute between citizens of the same state. Appeals would follow the state system mentioned above.

5. A woman who has patented an invention sues another person later claiming to have invented the same item. This case would start in a federal court, specifically a U.S. District Court, because it involves patent law, which is a federal matter. It could be appealed to a U.S. Court of Appeals and potentially to the U.S. Supreme Court.

Examples:

State court example: A tenant sues a landlord for not returning a security deposit.

Federal court example: A case involving claims of securities fraud, which is a violation of federal law.

User Dindar
by
7.6k points