Federal vs. State Laws

• Federal laws are either specifically delineated in the Constitution or written and passed by Congress. Congress cannot pass laws for individual states.
  
  State laws are written and passed by state legislatures, although unincorporated towns and cities can pass ordinances which are enforceable as laws. States have a wide range of authority pertaining to the areas on which they can write their own laws on both the civil and criminal levels. Conversely, Congress may only pass laws pertaining to areas of federal authority that are listed in the Constitution.
  
  

Supremacy Clause

• The supremacy clause, found in Article IV, paragraph 2 of the Constitution, establishes federal law as the supreme law of the land, meaning that all state laws must conform to federal laws. If there is a conflict between a state and federal law, the federal law wins and must be followed.
  
  

Federal vs. State Courts

• Federal courts try only cases that involve Congressional laws and laws that pertain to the Constitution. This basically boils down to a handful of types of cases: cases which involve plaintiffs who are all from different states when more than $75,000 is at stake, cases involving maritime laws, cases involving diplomats or foreign emissaries, and cases in which the United States is listed as a plaintiff or defendant.
  
  State courts, which may also include courts on the county and city level, hear cases involving laws within that state. State courts may not hear cases that deal with federal questions or issues.
  
  

When They Meet

• Federal courts, or specifically the Supreme Court, will hear matters involving state law when a question arises as to whether the state law conflicts with the Constitution. Sometimes violations of state law become federal offenses, such as when a kidnapper transports a victim across state lines or when a stolen car crosses state lines.
  
  

Considerations

• If a questions arises as to whether a plaintiff should appeal to federal or state courts for restitution, it is always best to consult a lawyer prior to filing what can be expensive legal documentation. If a court deems a case to be outside of its jurisdiction, the case will be dismissed and the plaintiff will have to start all over again.