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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: lawdog who wrote (109584)	12/10/2000 1:53:31 PM
From: gao seng	Read Replies (1) \| Respond to of 769670

A state court lacks jurisdiction to examine a case based on federal questions. I may not be a lawyer, but it seems to me that this is what the USSC is chiding the FSC over. F-

To: lawdog who wrote (109584)	12/10/2000 1:56:16 PM
From: chalu2	Read Replies (1) \| Respond to of 769670

Lawdog, although many times I agree with you, I think you miss a point: federal questions are commonly within the jurisdiction of state courts. Many statutes (such as RICO and the Securities Act of 1933) expressly provide for what is known as concurrent jurisdiction. Some others expressly provide for exclusive jurisdiction in the federal courts. Both types of cases, if brought in state court, may be removed to federal court by application of one or more of the parties, although this must be done in exclusive jurisdiction cases. In criminal prosecutions, it is quite common for state courts to consider federal questions, partcularly those involving constitutional rights of the accused.