Federal vs. State Courts
If you live in the United States, you are under the jurisdiction of both federal law and state law. That means that certain federal laws are in affect and apply to you as well as state laws.
The Federal Court system starts in the United States District Court. The next higher Federal Court is the United States Court of Appeals and the highest Federal Court is the United States Supreme Court. There are three United States District Courts in Tennessee, one for each grand division. The United States District Court for the Eastern District is located in Knoxville, Tennessee with branch courthouses in Chattanooga and Greeneville. For a map and picture of the United States District Court in Knoxville, click here XX.
Each state has a State Court system that is completely separate from the Federal Court system. In Tennessee there are three major trial court categories. These categories consist of: General Sessions Court, Circuit Court, and Chancery Court. Circuit Court has sub-courts which deal with strictly divorce or child support. Circuit Court also has a Criminal Court division. General Sessions Court also has a Criminal and a Civil section. Most people that are arrested have their cases start in General Sessions Court, Criminal Division. In Knox County, the General Sessions Criminal Divisions is further broken down into Misdemeanor Court, DUI Court, Felony Court and Traffic Court. A fifth division in General Sessions Court for Knox County is Civil Court, or what is commonly known as Small Claims Court. Tennessee has a Chancery Court system that is not available in many other states. Chancery Court is what is called a court of equity. If you have a case in Chancery Court you probably will not have a jury trial. Your trials in Chancery Court are conducted by a Chancellor. Many cases in Chancery Court have to do with contract violations or land disputes. Circuit Courts in Tennessee include courts that handle auto accidents and negligence claims, among other types of actions.
The Federal Court system also has jurisdiction, or, in other words, has authority to hear both civil and criminal cases. In the Federal Court system, the same Judge and court have the authority to hold trials in both civil matters and criminal matters. Trials in Federal Court start in the United States District Court. Civil lawsuits in Federal Court can only be brought if the Plaintiff, in other words, the party bringing the lawsuit, has jurisdiction. Jurisdiction is defined as the authority, or the right, to be in a certain court. A civil trial in Federal Court usually requires diversity of citizenship and an amount in controversy in excess of $75,000.00 excluding interest and costs, or a question of Federal Law. For instance, if a citizen of Tennessee is injured in an automobile accident by a driver from another state, then suing that driver from another state in federal court in Tennessee would be diversity of citizenship. A lawsuit may be brought in Federal Court under these circumstances if there is diversity (the plaintiff and the defendant live in different states) and the amount of damages is in excess of $75,000.00 excluding interest and costs. The same lawsuit could be brought in State Court without the $75,000.00 damage requirement. Therefore, and injured party has the possibility of filing a lawsuit in either Federal or State Court for the same accident provided the parties qualify under the Federal requirements.
Just as some cases may be brought in either State or Federal Court, some criminal cases may also be prosecuted in either State of Federal Court. In other words, if you commit a crime in the state of Tennessee, or for that matter, any other state, you very well could be prosecuted either by that State's authorities or Federal authorities. Federal prosecution is more limited than State prosecution because there are fewer Federal criminal laws written and enforced in Federal Court as compared to State Court. However, some laws are both punishable by State or Federal prosecution. For instance, a drug offense is a law against the State, and also a violation of Federal law. In the worst case scenario, you could possibly be prosecuted in State and Federal Court for the same violation. This double prosecution happens most frequently in drug offenses. It may be double prosecution but, it is not double jeopardy to be prosecuted in State Court and Federal Court for the same offense. It is not double jeopardy because the State Court system and the Federal Court system have been determined to be separate sovereign jurisdictions.
If you are contemplating bringing a legal action, you should
consult an attorney for the appropriate court. You should inquire as to the attorney's experience in that court
system. It is advisable to have legal counsel that is familiar with the type of legal action you are involved
in and the court that you are involved in. Having an experienced lawyer for a criminal defense is just as important.
Provided by the law offices of:
A. Philip Lomonaco
800 S. Gay St., Suite 2610
Knoxville, TN 37929
(865) 521-7422
www.knox-law.com
izyglty@usit.net