Blog

4 Key Differences Between State And Federal Courts

Dec 30, 2019

There are two kinds of courts—state courts and federal courts. The court system that hears your case has a lot of impact on the outcome. For instance, if you happen to be involved in business litigation in California, the court system can have a significant influence. The California State Court system differs distinctly from the federal courts in California in various ways. The following 4 factors highlight the key differences.

1. Jurisdiction Of State And Federal Courts

Jurisdiction refers to the kinds of legal cases a court is authorized to hear. For a court to rule over a case, it must have jurisdiction in the matter. A state establishes state and local courts. Federal courts are organized under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress. Federal courts deal with cases involving federal laws.

State courts have broad jurisdiction—such as robberies, traffic violations, broken contracts, and family disputes. State courts are not given authority over lawsuits against the United States and those involving certain specific federal laws—such as criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.

Federal courts have jurisdiction over cases involving an alleged or purported violation of a constitutional matter or a federal statute. Additionally, federal courts also hear cases with diversity jurisdiction. This means the plaintiffs and defendants have their principal places of business operation in different states. A diversity jurisdiction claim must exceed $75k to reach the federal court system. For example, if a California-based business fails to pay a New York-based vendor $75k for services represented in a signed agreement or contract, this can be ruled as a breach of contract that invokes federal diversity jurisdiction.

In some cases, both state and federal courts have jurisdiction. It is vital to hire an experienced San Jose contract attorney to navigate these subtleties.

2. Judges

Another particularly notable difference is that California judges are elected—while federal judges are appointed. Federal judges are typically required to possess more in-depth experience and higher credentials than state judges. Of course, that is not at all to dismiss the credentials and experience of state judges, but instead, highlight prowess and mark the fact that federal court is the pinnacle of the profession.

Moreover, federal judges are much more stringent—as is the federal court system overall, even at the clerk level. They are austere with their rules, and therefore by the book with documents and legal processes.

Federal courts usually strictly follow the application of the Federal Rules of Evidence. California has a reputation for being more relaxed all around when compared to other states. California state courts adhere less strictly to the California Evidence Code.
Call Today To Schedule Your Appointment

3. Jury

In California State Court, you will be assigned to the courthouse that is nearest geographically either to the location of the incident in the dispute or to your place of business. Then, your jury pool will be drawn from that same judicial district.

For instance, if you file a lawsuit for a business transaction that took place in North County San Diego, your case will likely be heard in the San Diego Superior Court in Vista, Calif. The jury pool then will be comprised from Vista and the surrounding geographic area—a very different demographic than that of Downtown San Diego.

A federal court draws jurors from throughout the county where the case is heard, rather than a single concentrated area. In California, there are fewer federal courthouses than state courthouses. Each county usually has one federal courthouse, although that one courthouse may have dozens of courtrooms.

With this in mind, your business litigator needs to be mindful of which jury pool will be best suited for you, among informing you of the different general breach of contracts.

4. Cost

No lawsuit is cheap, of course, and alternative dispute resolution such as mediation is often recommended before going to court. In turn, the rigidity of the federal court system makes a federal lawsuit much more expensive than a state lawsuit.

It is wise to include an arbitration or mediation clause in your business contracts. This will make litigation the last resort in a claim against your business and prevent courtroom litigation for the majority of common issues.

Choosing a California Business Litigation Attorney

It is worth every bit of our time and energy to consider the court that will give you the most significant advantage in your case. Planning and finding the most cost-effective measures is what our business litigation attorneys are trained and experienced to do. You need to make sure the attorney you hire ensures that your business has every legally enforceable contract necessary.

Make sure to hire an experienced attorney to protect your business adequately. Then, if disputes do arise, your business can look to legal documents for guidance. Legal documentation of predetermined dispute resolutions can inform owners on boundaries, guidelines, and more.

Our team is notably familiar with the state and federal court systems. We can explain to you the potential risks and benefits of each option. Help yourself by using our experience and knowledge to protect and guide your company. Avoid costly legal disputes—contact Nick Heimlich Law for a free consultation today.

Call Today To Schedule Your Appointment

Nick Heimlich is a San Jose litigation lawyer with years of experience

Feel Free to Contact us Today!

Leading Business Attorney In San Jose Law Firm Nick Heimlich Law
M. Zaid
M. Zaid
1733818517
I couldn’t be happier with the representation I received from Nicholas D. Heimlich. His expertise and strategic approach were invaluable. He made a stressful situation manageable with clear communication and dedication.
Ahmer Ali
Ahmer Ali
1733817839
Nicholas Heimlich and his team provided outstanding legal support for my business. They were thorough, professional, and kept me informed at every step. The results exceeded my expectations. Highly recommended!
Isis Yadiel
Isis Yadiel
1733556257
After working with a number of business attorneys, I can state with confidence that Nick Heimlich is San Jose's top business lawyer. Our business avoided a significant lawsuit because to his calculated approach to commercial litigation. I am so appreciative of his firm!
Timothy Janelle
Timothy Janelle
1733379356
When I needed a corporate law lawyer in San Jose, my friend recommended Nick Heimlich, and I'm glad they did! His team helped me resolve a real estate dispute that could have had disastrous consequences for my company. They have outstanding cross-industry experience. My satisfaction with this legal practice is high!
Tracy Giles
Tracy Giles
1729608939
As a tech startup founder, having a reliable corporate lawyer is essential. Nick Heimlich and his team have been invaluable in helping us navigate the legal landscape. From contract reviews to dispute resolution, they've got us covered. Honestly, we wouldn't achieve where we are now if it weren't for their help.
C O Lee Boyce Jr
C O Lee Boyce Jr
1708187295
Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
David Duckworth
David Duckworth
1700157726
I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
Rebecca Bauer
1695770332
Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
Charles Chen
Charles Chen
1694420630
Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
Mario Cassara
Mario Cassara
1685657082
Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
Taryn Harada
Taryn Harada
1682283989
This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Rami Gideoni
Rami Gideoni
1671573652
I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
I A
I A
1668466596
Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
1659056852
Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
Tilo S
Tilo S
1645581772
Nick was very helpful when I needed legal advice.Thank you!
Bay Small Moves
Bay Small Moves
1627662780
Andyn79 Nguyen
Andyn79 Nguyen
1559407271
He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
M C
M C
1557509659
I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Mark Brown
Mark Brown
1557175715
Nick was very helpful when I needed assistance dissolving an LLC. Not only did he create the appropriate documentation, but he educated me on the process. His guidance was invaluable, and everything resolved smoothly. I would certainly use his services again in the future.
Bonnie Nevitt
Bonnie Nevitt
1477002289
My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
×
js_loader
Skip to content