The State Court Systems

Question 1

How many state court systems are there?

Answer 1

Each state has its own court system.

Question 2

“The state court of last resort”

Answer 2

It is the ultimate authority on the interpretation of the law of that state.

Question 3

What is the hierarchy in the state court systems?

Answer 3

Trial courts, intermediate courts of appeal and court of last resort.

Question 4

Are there specialized state courts?

Answer 4

Yes, state court systems tend to have more specialized courts than there is in the federal system (e.g. criminal, family, commercial, etc.)

Question 5

How is a state judge selected?

Answer 5

It varies. In some states, judges run for election under party labels and in some, they are chosen by the governor.

Question 6

What three issues should one determine when deciding the court to bring a lawsuit?

Answer 6

1. Subject matter jurisdiction
2. Personal jurisdiction
3. Venue (mødested). When there is both personal and subject matter jurisdiction. For example, venue in cases involving real estate is generally where the property is located

Question 7

Can all cases be brought to state court?

Answer 7

Yes - unless there is a specific federal law requiring that the case be brought in federal court.

Question 8

If the plaintiff brings an action in state court that could have been brought in federal court can the defendant remove the case to federal court?

Answer 8

Yes.

Question 9

Personal jurisdiction

Answer 9

Which federal or state court to bring the case involves preliminarily the question which court or courts have personal jurisdiction over the defendant

Question 10

Long-arm jurisdiction

Answer 10

Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign defendants

Question 11

A courts choice of law (procedural and substantive)

Answer 11

• Procedural: A court will apply its own procedural rules regardless of the type of case that is before it or the basis upon which its jurisdiction is grounded.
• Substantive law: The court will usually apply the substantive law of the state in which the cause of action arose or the state with the most significant contacts and/or interest in the litigation.