independence from Britain, the state governments have had

an interesting relationship.

In fact, until the Constitution was agreed upon,

there was a lot fighting over just how much

of this independence

that these states had just fought for

would have to be given up to the new federal government

they were creating.

The structure they came up with is two-in-one--

an overlapping system where each state had

its own government,

and the new country had one as well--

separate and apart from the state governments.

We call that government the "federal government."

And by "government," we mean all three branches--

the executive, the legislative, and, of course, the judicial,

which are the court systems.

So each state has its own laws and its own courts,

and the federal government has its own laws and courts.

And just to make it extra complicated,

either court-- state or federal--

can enforce the laws made by the other.

It can be confusing because sometimes

the federal courthouse is right across the street

from the state courthouse.

Which one is the right one for you?

The answer depends on the court's jurisdiction.

"Jurisdiction" is the court's power

to hear certain kinds of cases.

The rule of thumb is that state courts

have the broadest jurisdiction.

It may be the opposite of what you would guess,

but the state courts have the power

to hear a much bigger variety of cases than federal courts.

So the majority of ordinary cases

are most likely to be tried in state court.

State courts handle about 30 times the cases

the federal court does every year,

which works out to around 90% of the total caseload.

But federal court will take over in special situations.

For example, federal courts have jurisdiction over cases

where the United States is involved as a party,

and cases involving direct violations

of the US Constitution or federal statutes.

This is called "Federal Question Jurisdiction."

Federal courts can also hear cases between people

from different states if it's for an amount over $75,000.

This is called "diversity jurisdiction."

Federal jurisdiction also covers cases

dealing with bankruptcy, patenting, copyrighting,

or maritime law-- that's the ocean.

However, if a state law violates a federal law

or the Constitution, this can be argued in state court.

But it's important to remember that federal and state court

work side-by-side and one is not superior to the other.

Each recognizes the other's potential jurisdiction

over a case.

Whether you're going to court locally

or dealing with the big guys,

LegalYou is there to help you prepare for it all.