Many state court judges are reluctant to really hammer someone who is not playing … Case 1. The general premise behind state law is that it has to at least meet federal law, but it can also be more restrictive. Perfectly legal, state law can be more severe than federal law, but never less. Explain the advantages and disadvantages of federal versus state court for this type of suit Good day Professor and class, In the hypothetical case 1 problem presented in our textbook, Javier was driving from New York to Texas and suffer injuries due to brakes failure in Oklahoma, it is his intent to sue the car maker Energy-Auto Inc. "Pro se" is a Latin term, meaning "on one's own behalf"and a "litigant" is someone who is either suing someone or is being sued in court. Under 28 U.S. Code 1491, the U.S. Court of Federal Claims has jurisdiction over claims against the United States, and a substantial number of those claims are tax cases. The U.S. Court of Federal Claims. • If you represent yourself in Court, you are called a "pro se litigant" or a "self-represented litigant." While driving through Oklahoma, his brakes fail and he is injured in the ensuing crash. Your case will likely be faster even though you have the added delay of having to go to the EEOC first, once your case is in federal court, cases tend to move much quicker. Taxpayers who sue the IRS in U.S. Tax Court can expect a very high probability of at least partial success. Small claims court has many advantages over regular civil court, as we’ll see. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. Please enable Cookies and reload the page. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. Manhattan), Queens, Bronx, and so on. Home / NYC Employment Law Blog / What are the pros and cons of filing federal vs state lawsuit? Second, the state court forum itself provides procedural advantages to plaintiffs. There’s advantages and disadvantages to both. Attorneys and lawyers often take advantage of this system and select the most favorable court for the lawsuit, a … What are the advantages and disadvantages of a civil lawsuit to state v. federal court for a case such as gross negligence and civil rights under 42 USC 1983? (The minimum dollar amount may be responsible for the old saying, "Don't make a federal case out of it.") 1 Educator answer Law and Politics According to Rogers (2012), “…the plaintiff [is] (the person suing) and the defendant [is] (the one being sued)” (p. 18). It is virtually impossible to answer that question without knowing, among other things, the nature of the claims, the principal places of business and locations of the businesses, their contacts with Georgia if they are out-of-state, the amount of money at issue, the other relief you are requesting, etc., etc. Another way to prevent getting this page in the future is to use Privacy Pass. Each county has its own Supreme Court—New York (i.e. Some kinds of conduct are illegal under both federal and state laws. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. The 1. Explain the advantages and disadvantages of federal versus state court for this type of suit. Cloudflare Ray ID: 624f700ead644e97 However, when suing the federal government for negligence, you cannot file your lawsuit in state court. Because of this, plaintiffs that have the option of suing in federal court by taking advantage of diversity jurisdiction also have the option of filing in state court. As you can see, the length of time adds up. The states' protection, however, under Hans is by no means secure. Determine your causes of action. Approximately 85% of tax court … 8 . Another advantage of class actions over individual lawsuits is that individual suits operate on a first-come, first-served basis. crime x = 15 years in jail under state law. Performance & security by Cloudflare, Please complete the security check to access. The United States Supreme Court system is the only one that can't be abolished according to the Constitution of the United States. Most of the recent cases have been five-four vote decisions. It really depends on the case. If there is more than one plaintiff and/or more than one defendant, there must be complete diversity of citizenship. Pros * Small claims court is inexpensive. Class actions ensure that payments are spread equally across all injured parties. Federal trial judges are typically more willing to take things ‘off-calendar’ and decide on the papers that lawyers have filed. In the New York state court system, almost all cases are brought in the Supreme Court, which is the general trial court. SUING A STATE Since Hans, the Court has consistently held that the amendment pro-tects a state from being sued in federal court under federal question jurisdiction. Generally federal courts schedule trial quicker than state courts, at least in the Federal Court for the Eastern District of Virginia, also called the “Rocket Docket.” Even if you win at trial, it may take another year or more to get compensation if the defendants appeal the trial court’s decision. This means that you may not live in the same state as any defendant. If your neighbor sues a corporation for $50 million and wins, then the company might be in bankruptcy before you can even stake your claim. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. You cannot sue the federal government for more money than you asked for in your administrative claim unless you present newly discovered evidence that adds to the value of your injuries or property loss. The Federal Court System: The State Court System: Article III of the Constitution invests the judicial power of the United States in the federal court system. There are two other requirements for suing in federal court when the case is based on diversity. Adv: public funding The community legal service oversees the … If your lawyer finds your case can be dismissed under these circumstances, federal court may be the best choice. You may get a better jury pool in federal court. The right to appear pro se in a civil case in federal court is contained in a statute, 28 U.S.C. hypothetical Case Problems. You cannot sue the federal government for more money than you asked for in your administrative claim unless you present newly discovered evidence that adds to the value of your injuries or property loss. For instance---in The United States---The Federal Court System is appointed to act in matters pertaining to federal law. • You may need to download version 2.0 now from the Chrome Web Store. Unlike the DA, the USA, us attorney, does not answer to a local community, nor a local electorate, mayor, citizens’ groups, whatever. It’s definitely important to speak to an employment lawyer before you decide where you want to file because there are pros and cons and as I said that the other timeframes are different. Your case will likely be faster even though you have the added delay of having to go to the EEOC first, once your case is in federal court, cases tend to move much quicker. 420 Lexington Avenue Suite 1830 New York, NY 10170-1830, 420 Lexington Avenue, Suite 1830, New York, NY 10170-1830 |. Re: What are the advantages to suing a Federal Agency in State Court. The first part of your complaint will deal with the fact that the person you want to sue harmed you in some way, and that the federal court has the power to order relief of that harm. For example, you are a citizen of New York. The advantages and disadvantages discussed above should be carefully considered by each class member prior to joining a class action lawsuit so that a class member has a realistic idea of the possible good and bad outcomes of joining a class action lawsuit. For instance, a plaintiff suing under FEHA in state court does not have to win by a unanimous jury verdict, whereas a similarly situated plaintiff in federal court must obtain a unanimous jury verdict to win. 1. So here’s a quick rundown of pros and cons, followed by a warning about small claims lawyers. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. This court may hear claims arising from throughout the country, and generally handles large claims for national and multinational corporations. If the case will be governed by state law, a state court may offer one distinct advantage: If your case poses a state law question for which there is no definitive authority from an appellate court, a state trial judge can decide what state law ought to be, subject only to the final decision of a reviewing court. Age Discrimination in Employment Act (ADEA), Worker Adjustment and Retraining Notification Act, Understanding New York’s Statutes of Limitations, Signs that Someone Is Sexually Harassing a Co-Worker, Why Telling Your Co-worker Isn’t the Best Choice to Report Sexual Harassment, Signs that Someone Is the Victim of Sexual Harassment. For example, crime x = 5 years in jail under federal law. Analyze whether the suit can be brought in federal court. What are the pros and cons of filing federal vs state lawsuit? Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. You can file a federal lawsuit if some right of yours has been violated that arises from the federal Constitution, or from federal statutes or regulations. You may get a better jury pool in federal court. In terms of what you have available to you in terms of recovery and damages, you can really have a combination of New York State Law and New York City Law claim that would allow you to recover the same and more damages than you would under a federal claim. § 1654. If Javier sued Energy-Auto Inc., Javier would be the plaintiff and Energy-Auto would be the defendant. On the other hand, when federal judges apply state law in diversity cases, even though the judge … Other court systems within the United States includes the U.S. Court of Appeals. However, when suing the federal government for negligence, you cannot file your lawsuit in state court. Javier is traveling from his home in New York to Dallas, Texas. Federal district courts also have subject matter jurisdiction if you are suing a citizen of a different state (or a foreign national), and you are asking for at least $75,000 in money damages. Also, you cannot ask for punitive damages. Get an answer for 'What are the advantages and disadvantages of a civil lawsuit to state v. federal court for a case such as gross negligence and civil rights under 42 USC 1983?' We find federal judges have less tolerance for the games debt collectors like to play in “discovery”. Your IP: 169.51.35.164 The choice which court to litigate in is best made with Experienced Tax Counsel because the court ultimately selected must have the proper authority to hear the type of issue that the taxpayer is needs to have resolved. Advantages of suing in Federal Court. This is required for all claimants and defendants to be aware of the imminent court action and of the public issues the action will raise. But, generally speaking, federal trial courts may have more time to analyze the pleadings in order to reach a decision based on the papers alone. Advantages of U.S. Tax Court . This is the part of the case where both sides can ask each other questions, request documents, etc. It’s really got to be a case-by-case analysis with a sort of robust discussion on strategy between lawyer and the individual, but often times you can get better judges in a federal court. At least in the Federal Court, the court usually requires the claimants to release to the public notice of the class action (s 33X Federal Court of Australia Act 1976 (Cth)). But before you file, you’ll want to be fully informed about what small claims court can and cannot do. The judges tend to be more familiar with federal laws such as the FDCPA. Federal tax controversies can be litigated within the U.S. Tax Court, the U.S. Court of Federal Claims or the federal district courts. For example, federal laws prohibit employment discrimination, and the states have added their own laws which also forbid employment discrimination. Judges sitting in county or high court have acquired experience of the law and legal system over the years.
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