Under what conditions do federal and state courts have concurrent jurisdiction?
358756
To my understanding the term 'concurrent' means to 'to run together with' as in a concurrent sentence accrued by a case that has several other cases that may have sprung out of the original case but that do however amount to different charges that may be tried seperately but are all combined usually by a 'plea bargain'which will convict an offender on a particular charge and run the other charges on a concurrent basis. For example is an offender that has runaway with his or her underage friend and crossed a state line. In this case the State and the Federal authorities both have a case against the perpetrator and who could be convicted and sentenced in a State District Court for contributing to the delinquency of a minor, and immediately after by a Federal District Court may try the same perpetrator for 'crossing a state line for the purposes of a sexual nature and that would also find the perpetrator guilty and given a prison sentence that would run 'consecutively' immediately after the same perpetrator completes the State sentence.\nIn order to expedite judicial process it may be a better option to offer the guilty party a 'plea bargain' that would carry the State sentence and the Federal sentence 'concurrently' or to run at the same time.  \nHope this does it.  Jose
758827
Most criminal and civil matters are tried at the state court level in Texas and all other states. The only cases that rise to the federal level are those involving:\na. criminal violations of federal law\nb. civil cases where:\n    1. there is jurisdiction in federal court because of diversity of citizenship among the parties, and\n    2. the primary cause of action involves interpretation of or rights under a federal statute.
463088
We need some more information to be able to answer... what is the jurisdiction? Most sentencing laws are at the state level, and we would need to know what state you are in to be able to look into it.\n\nI can find no law anything like what you refer to. Even if there were, it doesn't sound like your husband's case would apply, because time served for one crime is NEVER applied to a sentence for another, unless a sentence specifically says that the two convictions are to be served concurrently.
795889
It means that certain courts have jurisdiction over certain types of cases.  For example, if you sue somebody for a car wreck and you want $50,000, the Circuit Ct or District Ct (Depending on State it might be called something different) has original jurisdiction and the Civil Appeals Court would have appellate Jurisdiction.  That case could not have been brought in the Civil Appeals Court to begin with.  That is the easiest way to explain it, but it can be more complicated than that.
818886
For the Feds, the interstate commerce clause of the Constitution. They do it also under the general welfare and common defense clauses. \n\nStates have the absolute right to regulate commerce within their borders (intra-state commerce), which is why all those professional licenses are done by the state.
120229
It has to first be heard in whatever court is the court of first impression for that jurisdiction. For instance, if the case involves state law, it has to be heard first in the lowest state court and then work its way through all the state courts up to the state supreme court. Then, if there is a federal issue at hand, the case can be appealed to one of the Federal Appeals Courts, and from there, the decision can be appealed to the Supreme Court.
1160175
Precedent is only binding on lower courts, so District Court rulings do not apply to other District Courts, but a Court of Appeals ruling would apply to all District Courts in the circuit, while a Supreme Court ruling apples to all District Courts and Courts of Appeals in all circuits.\n\nAlso, state court rulings are never binding on other states' courts, even if they are in the same circuit.
913292
If this is for an essay and you have time for research then you use a treatise on constitutional law. There are also resources online.\n\nThe US Supreme Court rules on the federal constitution. State supreme courts (in NYS the Court of Appeals -- their supreme court is the lowest court of general jurisdiction, following English practice) rule on state constitutions. Here's an example where a state law on double jeopardy was stricter than the federal rule: http://www.uniset.ca/naty/maternity/192P2d449.htm (in federal practice, two different sovereigns can prosecute the same offense, California law (only) is different).\n\nCiting a US Supreme Court case is easy. You go to http://www.lexisone.com (free registration required) or to http://justia.us (uses Google searching rules which may be more familiar to you) and you look for what you want -- key words, etc. Supreme Court cases are cited in the pattern "Smith v. Jones, 123 U.S. 456 (19XX)".\n\nMost Supreme Court constitutional law cases are famous: Roe v. Wade (abortion), Loving v. Viriginia (miscegenation), Lawrence v. Texas (sodomy), Miranda v. Arizona (right to warnings upon arrest), Gideon v. Wainwright (right to counsel). And so on.
159490
Sentencing guidlines depend on the state.
98120
Criminal sentencing laws vary from state to state.
28264
It really depends on the jurisdiction.  For example, California has the Rules of Court that are for all state courts and then each county also has local rules that supplement the Rules of Court.\n\nAt the federal level, you have the Federal Rules of Civil Procedure and then each judicial district has supplementary local rules.\n\nOther states and jurisdictions may be different.
219530
There is no way to answer that question without more information such as whether you are referring to a state, federal or local law.  Once you specify the jurisdiction, someone might be able to show you where to look up the law and read what the penalties are.
173651
State and federal statutes would not cover the same crimes. Federal statutes can only involve things that the feds have jurisdiction over (things involving interstate commerce or mail/wire fraud), while the state statutes would deal with things the state has jurisdiction over.
969552
It is merely the name of that court,  areas of the nation or states are divided into "circuits" or areas where that court has jurisdiction.\n\nIt comes from the old days when a judge would ride a horse or wagon and travel a "circuit" of varoius court houses.\nSimular to preachers who did a ciruit of churches.\n\nIt merely means the area the court covers as divided by the government
177651
Here is the oversimplified version: \n\nSuperior/District court (verdict) --> State Court of Appeals/Federal Circuit Court of Appeals --> State Supreme Court/U.S. Supreme Court\n\nSometimes (as in criminal cases), a convicted person can exhaust direct state appeals, then move on to federal appeals (habeas corpus).
146691
Are you talking about NY, CA or some other state? Superior Courts are different in the various states.
896956
Federal trump state. State trumps local. Constitution trumps statute. Statute trumps case law.\n\nSo, from the top -- federal constitutional text, then US Supreme Court interpreting federal constitution, then federal statute, then other federal case law, then state constitution, etc....\n\nAs far as one state relative to another, neither is binding on the other.