Can all cases be tried in federal court? Why?
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Thread: Federal Cases
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10-05-04 09:18 PM #1
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Federal Cases
If its a good question, would you be kind enough to give me a Rep.
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10-05-04 09:32 PM #2
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In addition to what DC said, you would be surprised by the number of state cases that COULD be made federal if it was so desired.
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10-05-04 10:19 PM #3
what me, worry?
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Originally Posted by ESU
Think of this.
In your High School there was a set of rules. If you violated those rules the school could punish you, but not your weekend employer.
If you showed up late for work on you job, your employer would have the right to punish you, but since you broke no school rule, your school would not be able to punish you for being late to work.
It works the same for laws. There are laws written and enacted by cities, usually called ordinances. These are enforced by municipal courts. If you failed to mow your yard, a violation of the city ordinance, only the city could prosecute you. Not the state or the feds.
State legislators make state laws. If you violate a state law, only the state can prosecute you.
The US government also has laws. Violations of those laws can only be prosecuted by the federal couorts.
It can cause confusion when a person committs an act that is in violation of the laws of the state and federal governments, or even the city laws too.
Lets say that you live in a town in Texas that has an ordinance prohibiting the firing of firearms in the city limits. You getr caught firing a machine gun in the city limits that is not registered as per the National Firearms Act.
You could be prosecuted by the city for firing the gun in the city limits, by the state of Texas for possession of a machine gun in violation of the NFA, and you could be prosecuted by the federal govt for violation of the NFA.
But not all crimes are illegal by each jurisdiction. Driving while Intoxicated is a state law, and cannot be prosecuted for the act conducted on non-federal land.
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