Final answer:
The defendant cannot choose to have their case tried in either a state lower court or a state higher court; it depends on the court's jurisdiction. Cases typically start in lower courts and may move to higher courts on appeal.
Step-by-step explanation:
The correct answer to the question of whether the defendant can choose to have his or her case tried in either a state lower court or a state higher court is: D) In either a state lower court or a state higher court.
Defendants typically do not have the choice to avail a higher court first for their initial trial; the case normally begins at the lower court level, and may proceed to higher courts on appeal if necessary.
Which court will hear a case is largely determined by the jurisdiction over the type of case, whether it involves civil or criminal law, and, at times, whether the case poses federal questions or involves federal law. State courts often handle a wide range of cases, including issues like traffic fines, divorce settlements, and more serious criminal matters.
In reference to the second question, both state and federal courts are capable of hearing matters that involve civil and criminal law. Regarding the U.S. Supreme Court, cases most often come from circuit courts or state supreme courts when a substantial federal question is involved.