Final answer:
When a legal case involves a federal question related to the U.S. Constitution, federal laws, or treaties, or if the U.S. government is a party to the case, it can be petitioned to the federal courts before state courts have made a decision. This falls under the jurisdiction of the federal courts, which can address both civil and criminal matters that invoke federal law. The Supreme Court typically receives cases like this after exhaustion of state-level appeals or directly from state supreme courts when important federal questions are involved.
Step-by-step explanation:
The question pertains to a scenario where a legal case is moved to the federal court system before the state courts have made a decision. This situation typically involves a federal question, meaning it pertains to matters of the U.S. Constitution, federal laws or treaties, or involves the United States government as a party.
When a case containing such a federal question is initiated or appealed in the state court, it can be petitioned to the federal courts for review. This process is part of the dual court system in the United States, where both state and federal courts have their distinct jurisdictions but may overlap in certain instances, such as when a case involves federal law or constitutional issues.
Additionally, cases can enter the federal system through other means such as civil violations of federal law, like employment discrimination or securities fraud, or criminal violations like bank robbery. It's important to recognize that the jurisdiction of federal courts includes the ability to hear both civil and criminal matters. The decision to move forward with a federal claim generally comes after all state appeals have been exhausted, unless an exceptional federal interest is at stake.
In the context of the U.S. Supreme Court, cases may arrive from either the circuit courts or from state supreme courts, especially when there is a substantial federal question that warrants its attention. The specific process for appealing to the Supreme Court includes filing briefs by both petitioners and respondents, and potentially also amicus curiae briefs if third parties are interested in the outcome of the case.