Legal Question in Education Law in Missouri

Which courts have general jurisdiction?

Which courts have general jurisdiction?

a. State Courts

b. Federal District Courts

c. Federal Circuit Courts of Appeal

d. U. S. Supreme Court

I interpreted a court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth. Most United States federal courts are courts of general jurisdiction. So B.

My professor states:While your analysis is correct, your basic assumption is wrong. Federal courts ''do not'' have the authority to hear cases of all kinds. As stated in the lecture, ''State courts can hear and decide almost every kind of case. They have what's known as general jurisdiction. Federal courts hear and decide only two kinds of cases: ''diversity'' cases (where the parties to the lawsuit are from different states - a rarity in education law) and ''federal question'' cases (where the case itself has to do with an issue involving Constitutional or federal statutory law). Therefore, Federal courts are courts of limited jurisdiction.'' State law actually governs most civil, family, probate, and criminal cases. The only time federal courts get involved is when the crime involves actions across state boundaries. So A.

Who is right?


Asked on 1/17/06, 2:06 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Which courts have general jurisdiction?

Sadly, your professor is.

State courts derive their power from the state constitution and are courts of general jurisdiction in the state in which they reside. For example, the Circuit Court of St. Louis City can hear divorce, probate, civil and criminal cases. It has general jurisdiction pursuant to Article V of the US Constitution and the Missouri statutes.

Federal courts are empowered to hear only questions dealing with federal laws or federal questions and those cases involving claims between the citizens of different states. See, e.g., http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=28&sec=1332

You cannot file a divorce action in federal court. You can't file a probate action in federal court. The city prosecutor for the city of St. Louis can't file a criminal case in the federal district court (only the federal attorneys can do this).

See http://lawlawstud.blogspot.com/2005/12/outline-civil-procedure-iii-subject.html for an outline of this issue.

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Answered on 1/17/06, 2:25 pm


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