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Navigating the American legal landscape can feel like reading two maps at once. The United States operates under dual sovereignty—we have both a federal government with its own laws and court system, and fifty state governments, each with theirs. Understanding the difference between federal and state law, and the concept of “jurisdiction,” is key to making sense of how government works and how it affects you.
This guide breaks down these concepts to make our system of government more accessible and help you understand when federal law applies versus state law, and which courts can hear different types of cases.
The Building Blocks: Sources of Federal and State Law
Both federal and state laws come from similar types of sources. These are the primary authorities that dictate what the law is. Generally, law in the U.S. derives from five sources: constitutional law, statutory law, treaties (primarily federal), administrative regulations, and common law, which includes case law.
Constitutions
A constitution establishes a system of government and defines the boundaries of authority granted to that government.
Federal: The U.S. Constitution is the supreme law of the land. All other federal and state statutes, court opinions, and regulations must comply with its requirements. It sets out the framework for the federal government and delineates various civil liberties. You can find the U.S. Constitution in official legal codes like the United States Code.
State: Each state has its own constitution that establishes the system of government for that particular state and defines the authority granted to it. A state constitution can grant greater rights than those secured by the federal constitution, but it cannot provide lesser rights. State constitutions are typically published in the state’s official code of laws.
Statutes
Statutes are laws enacted by legislative bodies.
Federal: Federal statutes are passed by Congress in accordance with powers granted by the U.S. Constitution. These laws cover everything from regulating interstate commerce to defining federal crimes. Once passed, public laws are compiled chronologically into the United States Statutes at Large and then organized by subject in the United States Code (U.S.C.). The U.S.C. is the official compilation of general and permanent federal statutory law.
State: State statutes are laws enacted by state legislatures. These laws govern matters within state borders. State laws passed during a legislative session are organized by subject and published in state codes (like Kentucky Revised Statutes, Ohio Revised Code, or Idaho Code).
Court Opinions (Case Law or Common Law)
Courts interpret statutes and administrative rules. If a court deems a statute or rule unconstitutional, it can be invalidated. The body of law formed by these judicial judgments is known as common law or case law. The U.S. legal system, except Louisiana, is largely derived from the English common law system.
Federal: Federal courts, with the Supreme Court as the highest authority, interpret federal laws, regulations, and the U.S. Constitution. Their decisions create binding precedent for lower federal courts within their jurisdiction. Federal court opinions are published in various “reporters”—Supreme Court opinions in U.S. Reports, Courts of Appeals decisions in the Federal Reporter, and District Court opinions in the Federal Supplement.
State: State courts interpret state constitutions, state statutes, and state administrative rules. Their decisions form the common law for that state. Each state has a highest court (often called the Supreme Court) and typically a system of lower trial and appellate courts. State court opinions are published in state-specific and regional reporters.
Administrative Regulations
Administrative agencies are created by legislative action and operate under the executive branch. These agencies are given authority to create and enforce detailed rules and regulations in specific areas defined by statute.
Federal: Many federal statutes authorize executive branch agencies (like EPA or FDA) to create regulations. These regulations are first proposed and published in the Federal Register for public comment. Once finalized, they’re published in the Federal Register and then codified into the Code of Federal Regulations (C.F.R.).
State: State legislatures also create administrative agencies to regulate specific areas of state law. These state agencies promulgate regulations typically published in state administrative codes.
Beyond these primary sources, local laws (ordinances) are enacted by city or county governments and apply within those specific localities. These local ordinances cannot contradict federal or state constitutions, laws, or rules.
What is Jurisdiction? The Authority to Hear a Case
The term “jurisdiction” is fundamental to understanding how our legal system operates. At its core, jurisdiction refers to the power of a court to adjudicate cases and issue orders, or the territory within which a court or government agency may properly exercise its power.
Determining whether a specific court has jurisdiction to preside over a given case is one of the most foundational questions in law. Without proper jurisdiction, any decision a court makes can be invalidated.
Jurisdictional rules serve as critical gatekeepers, ensuring fairness and order within the legal system. They prevent courts from overreaching their authority and help ensure cases are heard by bodies that have legitimate connections to the dispute or parties involved.
A question of jurisdiction generally breaks down into three key components:
Subject Matter Jurisdiction
This asks whether the court has authority over the type of legal issue involved. For example, a bankruptcy court is specifically designed to hear bankruptcy cases, and a family court typically handles divorces and child custody matters.
Federal courts are courts of limited subject matter jurisdiction. They can only hear cases that fall within the scope defined by Article III, Section 2 of the U.S. Constitution and specific Congressional statutes.
State courts generally have general subject matter jurisdiction. They can hear almost any type of controversy unless state law prohibits it or federal law dictates the case must be heard exclusively in federal court.
Personal Jurisdiction
This concerns whether the court has power over the specific individuals, businesses, or property involved in the lawsuit.
Personal Jurisdiction (In Personam): Does the court have authority over the defendant(s)? This often depends on the defendant’s connection to the state where the court is located—residency, conducting business in the state, or a key event occurring within the state.
In Rem Jurisdiction: This applies when the lawsuit is about property located within the state, allowing the court to determine ownership and rights to that property.
Quasi In Rem Jurisdiction: This allows a court to use a defendant’s property within the state to satisfy a judgment, even if the case isn’t directly about the property itself.
States have “long-arm statutes” that define how far their courts can reach to bring out-of-state defendants into their jurisdiction, provided it meets constitutional due process requirements.
Jurisdiction to Render the Particular Judgment Sought
This asks whether the court has power to grant the specific remedy or relief that the plaintiff is asking for.
For individuals or businesses facing legal disputes, figuring out the correct jurisdiction can be complex and critical. An error in choosing the court can lead to case dismissal, causing delays and potentially jeopardizing the ability to pursue the claim.
Federal Courts and Their Jurisdiction: When Does a Case Go Federal?
Federal courts are courts of limited jurisdiction. They cannot hear every type of case. Instead, they’re only authorized to hear cases specifically permitted by the U.S. Constitution (primarily Article III) or by federal statutes enacted by Congress. Unless there’s a specific reason for a case to be in federal court, the default venue is state court.
The types of cases heard in federal courts generally reflect matters of significant national interest, justifying use of the national court system. Key categories include:
Cases Involving Federal Laws or the U.S. Constitution
This major category gives federal courts jurisdiction over cases that “arise under” the U.S. Constitution, federal laws, or treaties made by the United States. This is codified under 28 U.S.C. § 1331. Examples include lawsuits challenging a law’s constitutionality, cases involving violations of federal civil rights statutes, or disputes over interpretation of federal regulations.
Cases Where the United States is a Party
If the U.S. government itself is a party in a lawsuit—either as plaintiff or defendant—the case can be heard in federal court.
Disputes Between States
Federal courts handle controversies between two or more states. They also hear cases affecting foreign ambassadors and other public ministers. The U.S. Supreme Court has original jurisdiction over these types of cases.
“Diversity Jurisdiction”
Federal courts can hear certain civil cases involving disputes between citizens of different states, or between a citizen of a state and a citizen of a foreign country. For diversity jurisdiction to apply, the amount in controversy must typically exceed $75,000 (28 U.S.C. § 1332).
The rationale behind diversity jurisdiction is to provide a neutral forum for resolving disputes, avoiding potential bias that a state court might have in favor of its own citizens against out-of-state parties.
Specific Federal Statutes Granting Exclusive Jurisdiction
Some areas of law are deemed exclusively within federal court purview:
- Bankruptcy cases: All bankruptcy cases must be filed in federal bankruptcy court
- Patent and copyright law: Disputes over patents and copyrights are handled exclusively by federal courts
- Admiralty and maritime law: Cases involving legal matters on seas and navigable waters
- Certain federal crimes: While states prosecute most crimes, specific federal offenses are prosecuted in federal court
Federal Court Structure
The federal court system consists of three main levels:
U.S. District Courts: These are the trial courts. There are 94 federal judicial districts, with at least one in each state, D.C., and Puerto Rico. Most federal cases begin here.
U.S. Courts of Appeals: These are intermediate appellate courts. There are 13 U.S. Courts of Appeals (circuit courts). Twelve hear appeals from district courts within their geographic circuit, and the thirteenth is the Court of Appeals for the Federal Circuit, which has nationwide jurisdiction for specialized cases.
U.S. Supreme Court: This is the highest court in the federal system. It hears appeals from U.S. Courts of Appeals and, in some cases, from state supreme courts when a case involves important questions of federal law or the U.S. Constitution.
Additionally, specialized federal courts handle specific types of cases, such as the U.S. Court of International Trade and the U.S. Court of Federal Claims.
State Courts and Their Jurisdiction: The Workhorses of the Legal System
While federal courts handle matters of national importance and specific types of disputes, state court systems serve as the primary venue for resolving the vast majority of legal issues in the United States. State courts possess “general jurisdiction,” meaning they have authority to hear almost any type of case, civil or criminal, unless federal law or the U.S. Constitution grants exclusive jurisdiction to federal courts.
The sheer volume and variety of cases handled by state courts underscore their central role in the American justice system. Most citizens who encounter the legal system will do so through their state courts.
Common Types of State Court Cases
Most Criminal Cases: State courts handle prosecution of most crimes, from minor traffic violations and misdemeanors to serious felonies like robbery, assault, and murder, provided these acts violate state law.
Family Law Disputes: Matters concerning family relationships are almost exclusively dealt with in state courts—divorce proceedings, child custody and support, adoption, and domestic violence protection orders.
Contract Disputes: Lawsuits arising from breaches of contract between individuals or businesses, particularly when parties are residents of the same state.
Personal Injury Cases (Torts): Claims for damages from injuries caused by another’s negligence or wrongful act, such as car accidents, medical malpractice, or slip and fall incidents.
Probate and Estate Matters: Validating wills, administering estates of deceased individuals, and appointing guardians for minors or incapacitated adults.
Landlord-Tenant Disputes: Issues between landlords and tenants, such as evictions or disputes over lease terms and security deposits.
Traffic Tickets and Violations: Citations for speeding, illegal parking, and other traffic offenses.
Real Property Disputes: Cases involving ownership, use, and boundaries of real estate.
State Court Structure
Each of the 50 states has its own distinct court system, established by its state constitution and statutes. While exact names and organization vary, a general structure is common:
Trial Courts: Courts where cases are first heard, evidence is presented, and initial decisions are made.
- Many states have trial courts of general jurisdiction (Circuit Courts, Superior Courts, or District Courts) that hear a wide variety of civil and criminal cases
- States often have trial courts of limited jurisdiction that specialize in certain types of cases (small claims courts, traffic courts, family courts, and probate courts)
Intermediate Appellate Courts: Many states have intermediate appellate courts that review trial court decisions to determine if legal errors were made.
State Supreme Court: The highest court in the state’s judicial system, the final arbiter of state law and the state constitution. Decisions can sometimes be appealed to the U.S. Supreme Court, but only if the case involves substantial questions of federal law or the U.S. Constitution.
State constitutions and laws can, and often do, provide protections and rights that go beyond those guaranteed by the U.S. Constitution and federal law. As long as state laws don’t conflict with federal law or diminish federally guaranteed rights, states are free to offer greater protections.
Federal vs. State Court Cases at a Glance
| Typically Federal Court | Typically State Court |
|---|---|
| Copyright infringement | Divorce and child custody |
| Bankruptcy | Most car accident lawsuits (personal injury) |
| Lawsuit against the U.S. government | Creating a will and probate of estates |
| Cases involving ambassadors from foreign countries | Most contract disputes (especially between residents of the same state) |
| Disputes between two or more states | Most criminal cases like robbery, assault, or burglary |
| Most federal crimes (e.g., drug trafficking across state lines, mail fraud) | Traffic violations and speeding tickets |
| Cases directly challenging the U.S. Constitution or interpreting federal statutes | Landlord-tenant disputes |
| Admiralty (maritime) law cases | Lawsuits between citizens of the same state (where no federal law is involved) |
When Systems Collide or Cooperate: Concurrent Jurisdiction and the Supremacy of Federal Law
The existence of separate federal and state legal systems inevitably leads to situations where their powers overlap or conflict. Two key concepts govern these interactions: concurrent jurisdiction and the Supremacy Clause.
Concurrent Jurisdiction: When Both Federal and State Courts Can Hear a Case
Sometimes, a particular legal case doesn’t fall exclusively within federal or state court domain. Instead, it might be eligible to be heard in either system. This situation is known as concurrent jurisdiction—two or more courts from different systems can simultaneously have authority to hear that specific type of case.
Concurrent jurisdiction commonly arises in:
“Federal Question” Cases: Many cases involving federal law questions can be heard in either federal or state court, unless a specific federal statute grants exclusive jurisdiction to federal courts. State courts are generally presumed to have concurrent jurisdiction over federal matters unless Congress explicitly states otherwise.
“Diversity Jurisdiction” Cases: Civil cases between citizens of different states where the amount in controversy exceeds $75,000 can be brought in federal court. However, these cases can often also be brought in state court.
Choosing Your Court: “Forum Shopping” Explained
When concurrent jurisdiction exists, the plaintiff often has the choice of whether to file in federal or state court. This strategic decision-making process is commonly called “forum shopping.” The choice of forum can be a critical tactical decision that significantly influences the course and outcome of litigation.
Lawyers and clients consider various factors when deciding where to file:
- Convenience and Location: Physical proximity to the courthouse
- Procedural Rules: Federal and state courts have different rules of procedure
- Judges and Jury Pools: Perceptions about which system might be more sympathetic
- Statutes of Limitations: Different deadlines might apply
- Case Law and Precedent: Which system has more favorable precedent
- Speed and Caseloads: Which court system moves cases along more quickly
The Supremacy Clause: Federal Law as the “Supreme Law of the Land”
The U.S. Constitution provides a clear rule for resolving conflicts between federal and state law. Article VI, Clause 2, known as the Supremacy Clause, states:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
This means if a state law conflicts with a valid federal law, the federal law prevails and the state law is rendered unenforceable. The Supremacy Clause is vital for a coherent national legal framework—without it, the dual sovereignty system could descend into legal chaos.
Federal Preemption: When Federal Law Overrides State Law
The practical application of the Supremacy Clause is embodied in the doctrine of federal preemption. Preemption occurs when federal law displaces or invalidates state law because the two conflict, or because the federal government has chosen to exclusively regulate a particular area.
The Supreme Court has emphasized that “the purpose of Congress is the ultimate touchstone in every preemption case.” Determining whether federal law preempts state law often involves careful analysis of congressional intent.
Types of Federal Preemption
Express Preemption: This occurs when Congress includes explicit language in a federal statute stating its clear intention to preempt state law in a particular field.
Example: The Employee Retirement Income Security Act (ERISA) contains a broad express preemption clause stating it supersedes any state laws insofar as they “relate to” any employee benefit plan.
Implied Preemption: Congressional intent to preempt state law is not explicitly stated but is inferred from the law’s structure, purpose, or regulatory scheme. This takes two forms:
- Conflict Preemption: Occurs when it’s impossible to comply with both federal and state regulations simultaneously, or when state law “stands as an obstacle” to accomplishing federal purposes.
- Field Preemption: Arises when federal regulation is so pervasive and comprehensive that Congress intended to “occupy the field” entirely, leaving no room for state supplementation.
Examples of Federal Preemption
| Area of Law/Activity | Type/Example of Preemption |
|---|---|
| Airline Safety & Routes | Express & Field Preemption: Federal laws extensively govern airline safety, pilot qualifications, aircraft standards, and air traffic control |
| Employee Retirement Benefits (ERISA) | Express Preemption: ERISA explicitly supersedes state laws that “relate to” employee benefit plans |
| Prescription Drug Labeling | Conflict/Field Preemption: FDA sets comprehensive national standards; conflicting state requirements are typically preempted |
| Railroad Safety | Field/Conflict Preemption: Federal laws establish comprehensive schemes for railroad safety |
| Motor Vehicle Safety Standards | Express/Field Preemption: Federal government sets safety standards for new motor vehicles and equipment |
| Copyrights & Patents | Express/Field Preemption: Federal copyright and patent laws create exclusive federal systems |
| Bankruptcy | Field Preemption: Federal law exclusively governs bankruptcy proceedings |
| Immigration Regulation | Field Preemption: Core regulation of immigration, naturalization, and alien status is federal domain |
Why Understanding Federal vs. State Law Matters to You
Grasping the fundamentals of our dual legal system is more than an academic exercise. This knowledge empowers you as a citizen, enabling you to better understand your rights and obligations, navigate government structures more effectively, and participate more meaningfully in our democracy.
Knowing Your Rights and Obligations
Different laws govern various aspects of life, from employment and housing to consumer protection and criminal conduct. Whether federal or state law applies can significantly alter your specific rights and responsibilities. For instance, federal laws like the Civil Rights Act provide baseline protections against employment discrimination. However, your state might have laws offering even broader protections, such as covering smaller employers or additional protected categories.
Navigating Government and Seeking Redress
If you encounter a legal problem, need to report a violation, or seek government assistance, identifying which level of government has authority to act is the crucial first step. Filing a complaint or lawsuit in the wrong court can lead to case dismissal, causing significant delays and frustration.
Participating in Democracy
Our government is designed to be responsive to its citizens. Understanding which level of government is responsible for making which types of laws allows you to engage more effectively. If you have concerns about education policy or local zoning, your state and local representatives are likely the ones to contact. If your issue pertains to national defense or immigration policy, your federal legislators are the appropriate contacts.
Helpful Resources for Further Information
- USA.gov: Official web portal of the U.S. government, excellent starting point for federal laws and regulations
- Cornell’s Legal Information Institute: Non-profit service providing no-cost access to extensive legal materials
- Congress.gov: Official website for U.S. federal legislative information
- State Legislature Websites: Each state has official websites for accessing state statutes and legislative information
- National Conference of State Legislatures: Bipartisan organization serving state legislators with research on state policy issues
- FindLaw: Commercial website providing free legal information and case law
- Justia: Free access to legal information, including federal and state court decisions
- U.S. Courts Website: Official website providing comprehensive information about the federal court system
The relationship between federal and state law and jurisdiction is not static—it evolves through new Congressional acts, Supreme Court decisions, and state initiatives. This dynamic nature means citizens benefit from ongoing access to reliable and current information about how our dual legal system works.
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.
