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Some matters may only be considered by the State courts, and some only by the Federal
courts. On the other hand, some matters can be taken before either a State court or a Federal
court.
The State courts have jurisdiction to hear all violations of State criminal law and, on the
civil side, disputes between parties that arise as a result of personal injuries, contracts, or any
breach of duty under common or statutory law of the States.
The Federal courts hear matters that relate to violations of Federal criminal law and, on
the civil side, matters that relate to the United States Constitution, Federal statutes, admiralty or
actions that arise under State law but involve citizens of different States. In addition, some
causes of action created under Federal statutes permit the aggrieved party to bring his or her
complaint before either a State court or Federal court. In certain instances, when a party files an
action in State court which could have been brought in either the State or Federal courts, the
opposing party may remove the action to the Federal court.
Cases within the State court system are initially heard by the trial court, which in
Pennsylvania is the Court of Common Pleas of that judicial district. Appeals of the decision of
the trial court go to either the Commonwealth Court or the Superior Court of Pennsylvania.
Claims involving agency decisions such as workers' compensation, zoning matters, and the like,
go to the Commonwealth Court. Most matters involving criminal appeals and disputes between
non-government parties go to the Superior Court. Thereafter, an aggrieved party can ask the
Supreme Court of Pennsylvania to review the decision reached by either the Superior Court or
the Commonwealth Court. If the decision involves a Federal, constitutional, or statutory issue,
an appeal from the Supreme Court of Pennsylvania may also be taken to the Supreme Court of
the United States.
Within the Federal court system, matters are initially heard by a District Court. Appeals
from the decision of the District Court are heard by the Court of Appeals for the circuit in which
that particular State is located. Pennsylvania is within the Third Circuit, whose Court of Appeals
sits in Philadelphia. Appeals from the Court of Appeals go directly to the Supreme Court of the
United States.
Whenever the filing of a complaint is contemplated, it is important to determine where
proper jurisdiction lies; that is, in the State court or the Federal court. Also, in those instances
where jurisdiction exists in both the State and Federal courts, it is important to fully consider the
advantages of each as they relate to your particular case.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
