Don’t Make A Federal Case Out Of It…….Or Should You?

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There are only two roads to go down when deciding which court to bring a lawsuit – Federal Court or State Court.  Generally speaking, besides for a few specific cases outlined in the U.S. Constitution, any case can be brought in either Federal Court or State Court.  The only reason to choose one over the other has to do with choosing a more favorable forum, i.e. a jury pool that will be more sympathetic to your case.

If you choose to bring your case in Federal Court, there are two different options.  Option number one is a case that involves a Federal Question.  Option Number two is a case that involves citizens from two different states and there is at least $75,000 in dispute.  If you believe you qualify under one of these options, there are then additional requirements to determine if you have a Federal Question, and if you really are a citizen of a certain state and exactly how much money is at stake.

If your case does not qualify under either of the above, then your case is more applicable to state court.  However, it is important to remember that even a Federal Case may also qualify for State Court and there are advantages and disadvantages to each.

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