Legal Question in Business Law in New Jersey
Business Law Student
A case involving the constitutionality of an abortion statute. Would that be held at the US Supreme Court level. If so, why? If not why?
Asked on 11/29/07, 3:04 pm
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
Re: Business Law Student
Actions are alway brought in a court having "original jurisdiction" (as opposed to "appellate jurisdiction". The United States District Courts have original jurisdiction over "all civil actions arising under the Constitution ...." 28 USC §1331. Which one of the District Courts is determines by the rules of venue, in this case 28 USC §1391(b).
A state court is not precluded from determining issues of constitutionality under the U.S. Constitution but direct challenges to a statute's on U.S Constitutional grounds are most often raised in the federal courts.
Answered on 11/29/07, 4:10 pm
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