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Determine
the jurisdiction
If
you have the standing to bring in a lawsuit, then your next step
would be to determine which court has got the jurisdiction to
hear the case. There are two kinds of jurisdiction, personal jurisdiction
and subject matter jurisdiction.
Personal
jurisdiction
Personal
jurisdiction would determine whether or not a particular state
court could hear the case. This is determined at a base level,
by whether the defendant had some minimum contact with the state
in question. Most often, several courts have competent jurisdiction,
and your attorney would decide which offer could be the most favorable
venue for your case.
Subject
matter jurisdiction
This jurisdiction decides whether you should bring
the case to a state or federal court.
If the cause
action for the case concerns federal law then the action must
be brought to the federal court. Cases like discrimination claims
could be brought either under state or federal claw, so you have
the choice to select among the state and federal courts.
A lawsuit
could also be brought to the federal court if the parties involved
are from different states- called as diversity of citizenship
and the claim is for more than $75,000.
As a general
rule federal courts are a better choice as they have more experienced
judges, better clerks and take more care in allowing the cases
go to trial than the state courts. On the other hand if you were
a plaintiff and hoping to have a sympathetic jury, state court
would be a better choice.
Once you have
finalized that you have a standing, and also decide upon the jurisdiction
and venue you could file your suit.
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