Most cases stay within their initiating state or federal judicial system
Evidence
The vast majority of cases remain in the judicial system in which they are initiated. Indeed, this might well have happened in Gideon’s case. Had he not appealed the Florida Supreme Court’s ruling, his case would have been resolved within the state judicial system; and if the U.S. Supreme Court had refused to review that ruling, the Florida court’s decision would have been final. — G. Alan Tarr, Judicial Process and Judicial…, 218
Categorization
- DEFINE: Clarifies that dual-sovereignty overlap is exceptional and that exhaustion of state remedies is the norm before any federal review.
- XREF: connects to: A single case can require courts to apply both state and federal law — G. Alan Tarr, Judicial Process and Judicial…, 220; Most criminal and civil cases are heard in state rather than federal courts. — G. Alan Tarr, Judicial Process and Judicial…, 288; Most American law remains state law despite federal growth — Lawrence M. Friedman, A History of American Law, 3761 (+4 more)
Broader Connections
- Most criminal and civil cases are heard in state rather than federal courts.
#expands(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 288 - Most American law remains state law despite federal growth
#corroborates(0.80) — Lawrence M. Friedman, A History of American Law, 3761 - A single case can require courts to apply both state and federal law
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 220 - State constitutional policymaking involves federal and interstate courts as well as state institutions
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 3368 - Non-binding out-of-state precedent still shapes state constitutional arguments across states.
#complicates(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 3394