What are the differences between state and federal civil litigation?

The primary difference between state and federal civil litigation is the type of court system used to resolve the dispute. State civil litigation is heard by state trial courts, while federal civil litigation is heard by federal district courts. In the state court system, the proceedings are handled by a local court and the laws which will be applied are those of the state. It generally involves a jury trial, which is a trial by jury of 12 people chosen at random. State court systems also handle matters of probate, family law, and civil law. In the federal court system, the proceedings are handled by federal district courts, which are part of the United States federal court system. The laws which will be applied are those of the United States, as well as state laws if they are more favorable than federal laws. Often there is no jury trial in federal court and the judge makes the final decision. Federal court systems handle matters such as civil rights, bankruptcy, and maritime law. In general, state courts are less formal than federal courts, and the procedures are easier to understand. People also do not need a lawyer to represent them in state court. On the other hand, federal courts are more formal and people must have a lawyer to represent them in federal court. Ultimately, the decision of which court system to use is based on the type of dispute being litigated.

Related FAQs

What types of damages can be awarded in civil litigation?
How does the appeals process work in civil litigation?
Who represents the parties in civil litigation?
What is the doctrine of laches in civil litigation?
What are the rules of civil procedure in civil litigation?
What is the purpose of a motion in civil litigation?
What is a deposition in civil litigation?
What is the difference between discovery and disclosure in civil litigation?
What is a motion for a new trial in civil litigation?
What is an ex parte hearing in civil litigation?

Related Blog Posts

What You Need to Know About Civil Litigation Law in 2021 - July 31, 2023
Civil Litigation Law Explained: A Comprehensive Guide - August 7, 2023
Understanding the Role of Attorneys in Civil Litigation Law - August 14, 2023
What to Expect From the Civil Litigation Process - August 21, 2023
How to Strategize in Civil Litigation Law - August 28, 2023