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CCSK Law Tips from the Bar: When You May or May Not Go to Federal Court


We have two court systems in the United States: The Federal and the State courts. Both Federal and State courts have pros and cons, and here are some tips from the team at CCSK of when you may or may not go to federal court:

  1. You may go to federal court if you have a case that involves a federal law passed by congress or a violation of the constitution.

    • For example, If your first amendment rights were violated, then you can bring that suit in a federal court.
    • Bankruptcy is another example of something that is governed under federal law. So any chapter 7 or chapter 13 bankruptcies would be brought in a federal court. For more about Bankruptcies, check out: http://ccsklaw.com/bankruptcy/
    • Similarly, Immigration is also handled at a federal level. You can learn more about immigration at: http://ccsklaw.com/immigration/

  2. Don't share your Netflix password, otherwise it may be considered a Federal crime, where you will have to go to a federal court. Here is the article we referenced: http://fortune.com/2016/07/10/sharing-netflix-password-crime/
  3. You may go to federal court if something happens to you in a different state and the damages are over $75,000. The reason you may want to go to federal court is that you may get a more fair jury if you are in federal court. If you go to a more local state court, the jury may be friends or inherently biased against an outsider. For example, if Isaac was a model living in Indiana and Kurt is a guy from Alabama who punches me in the face in Indiana. Kurt may not want to have a jury of local people who love Isaac. Rather, he may want to go to federal court to get a more broad pool of jurors.
  4. You may not want to go to federal court, but the opposing attorney will purposefully force a law suit into federal court if they want to delay the process. Federal court can be much slower than a state court.
  5. Indiana has two federal districts; Northern and Southern. Depending on where you live, you can go to different courts that represent the federal court system in Indiana.

    • Northern District of Indiana

      • Fort Wayne
      • Hammond
      • Lafayette
      • South Bend

    • Southern District of Indiana

      • Indianapolis
      • Terre Haute
      • Evansville
      • New Albany

CCSK Law - Carr Chelovich Skadberg & Kazmierczak, LLC
103 Indiana Ave Ste. B Valparaiso, IN 46383
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