Who Will Hear a Civil Litigation Case in California?

Civil litigation is the process used to resolve many different disputes that individuals and businesses have. When a company is sued for employment discrimination; when a breach of contract case arises; or when a person files a lawsuit after an injury, all of these are different examples of civil cases.

A civil litigation case in California may be brought in different courts depending upon the nature of the case. It is important to file your claim in the right court and to understand who will hear the case so you can make informed choices as you seek to use the legal system to protect your interests. An Irvine, CA business litigation lawyer will help you to understand who will hear your case and what this means for your legal strategy.

Who Will Hear a Civil Litigation Case in California?

The key question that determines who will hear a civil litigation case in California is whether the case involves a matter to be resolved in the federal court system or the state court system. Article III of the U.S. Constitution limits the powers of the federal government and reserves many powers for the states. For example, states set their own contract law, criminal law, business law, and family law.  Federal law, however, preempts any conflicting state laws.  This means that there are federal rules and regulations that people throughout the state of California must abide by.

When your case arises out of a state law matter, your case is typically going to be heard in a state court. For example, if you entered into a contract and the other party breached the agreement, you are usually going to file a lawsuit in state court to try to recover damages.  State courts are courts of general jurisdiction, and there are different courts to handle different matters including small claims courts for claims with minimal potential damages.

If your case arises out of a federal matter, your case is generally going to be heard in federal court. For example, if you believe that your employer has been discriminating against you in violation of Title VII of the Federal Civil Rights Act, you can file a federal claim. Federal courts are courts of limited jurisdiction and federal courts hear cases that raise a federal question, that involve the Constitution or that involve most civil rights questions.

Cases involving diversity jurisdiction may also be heard in federal court. Diversity jurisdiction exists when a case that would otherwise be heard in state court has defendants from different states or different countries. There must be at least $75,000 in controversy, or at least $75,000 riding on the outcome of the case, for the civil litigation case in California to be heard in federal court.

An experienced Irvine litigation lawyer will help you to determine whether your case arises under a federal or state law matter. If both federal and state court could potentially hear your case, your attorney will also help you to decide which court is best to file your civil litigation case in California in.  Call today to learn more about how the experienced litigation lawyers at Brown & Charbonneau, LLP can help you to make a smart choice about who will hear your case.