What are the 2 factors that determine federal court jurisdiction?
JURISDICTION: Federal jurisdiction, the power to hear a case, has two elements: (1) the power to hear the subject matter of the case; and (2) the power to bind the parties.
What are the two main types of exclusive jurisdiction granted to federal courts by the Constitution?
§ 1338(a), the federal courts have exclusive jurisdiction over cases involving patents and copyrights. In other contexts, however, the federal and state courts enjoy ‘concurrent jurisdiction,’ which means that either forum may adjudicate a case.
What are the two types of jurisdiction mentioned in the Constitution?
Article III, section 2, of the Constitution distributes the federal judicial power between the Supreme Court’s appellate and original jurisdiction, providing that the Supreme Court shall have original jurisdiction in “all cases affecting ambassadors, other public ministers and consuls,” and in cases to which a state is …
What are the two types of federal courts?
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
What are the two types of lower federal courts?
The lower federal courts include:
- U.S. Court of Appeals.
- U.S. District Courts. U.S. Bankruptcy Courts. U.S. Courts of Special Jurisdiction.
Which cases are tried in federal courts?
For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. Federal courts also hear cases based on state law that involve parties from different states.
What happens when you are charged with a federal crime?
Federal crimes, however, are not investigated by state police. Instead, these crimes are investigated by federal agents, such as the DEA or the FBI. They will make an investigation and arrest, often with the aid of the state police. Once the arrest is made, court proceedings can begin.
How do you know if your under federal investigation?
Probably the second most common way people learn that they’re under federal investigation is when the police execute a search warrant at the person’s house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.
Can you bail out on federal charges?
Unlike the state courts, the federal courts do not consider the money possessed or able to be raised by a criminal defendant as a reason to detain or not detain the defendant.
What makes a drug charge federal?
The Seriousness of the Offense: Federal charges will usually result when the offense is deemed more severe. Simple possession may be kept at the state level while offenses such as drug trafficking, manufacturing, or intent to distribute are more likely to be charged at a federal level.
What is the difference between state and federal drug charges?
Federal drug charges usually carry harsher punishments and longer jail sentences and are often charged as felonies. State drug charges for possession without the intent to distribute can be charged as felonies or misdemeanors, and usually have a lighter sentence.
What amount of drugs is considered trafficking?
Drug Trafficking Amount For example, someone found in possession of 1 or more grams of LSD (lysergic acid diethylmide), 5 or more grams of crack cocaine, 500 or more grams of powdered cocaine, or 100 or more grams of heroin will face drug trafficking charges.
What kind of charges are federal?
Other federal crimes include mail fraud, aircraft hijacking, carjacking, kidnapping, lynching, bank robbery, child pornography, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, tax …
Can you get probation for a federal crime?
A federal court can often sentence a defendant to probation—but not always. The judge typically can’t opt for probation where: the offense is one of the most serious felonies (class A or B) the judge sentences the defendant to prison for any charged offense.
What is a federal crime vs State?
Federal crimes are prosecuted by Assistant U.S. Attorneys and investigated by federal officers, such as FBI, DEA, or ICE agents. State crimes are investigated by county sheriffs, state agents, or local police officers, and prosecuted by state district attorneys or city attorneys.
Do embezzlers go to jail?
Embezzlement of property, money, or services, and many enumerated items, worth more than $950 is grand theft. A conviction carries a jail sentence of up to one year (a misdemeanor). Penalties include a fine of between $250 and $1,000, between three and six months in jail, or both. $500 or more, but less than $1,000.
Is taking someone’s phone a felony?
California Penal Code 591.5 PC makes it a crime for a person maliciously to damage or obstruct a communication device in order to prevent a person from using it to seek help. This is a misdemeanor punishable by up to one year in jail and a fine of up to $1000.00.
Can you go to jail for looking through someone’s phone?
Under Federal law, you are not permitted to view, read or listen to any communication on someone else’s phone or electronic device. There is case law where spouses have actually been charged criminally when snooping through a spouse’s phone for proof of an affair.
Is it illegal to read someones text messages on their phone?
It includes the use of monitoring software to follow activities on mobile devices and on the Internet. From this perspective seeing text messages on someone else’s phone (if someone else is your son or daughter) is absolutely legal.