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Ask a Business Law Attorney: What Are the Main Differences Between Federal and State Courts?

Ask a Business Law Attorney: What Are the Main Differences Between Federal and State Courts?

Being involved in business litigation is never something a company looks forward to. However, whether it is heard in the state court system or the federal court system can have a huge impact on how complex the case is. Read on to find out how these two court systems are different. Then reach out to a business law attorney who can help you with your business litigation.

There is a big difference between federal and state judges

A California judge is elected by the people of the state. On the other hand, a federal judge is appointed. This gives the judges differences in authority. In most cases, a federal judge is more likely to have a deep understanding of and better credential compared to state judges. Of course, state judges are also highly experienced but they do not always possess the same level of credentials as federal judges.

Federal courts tend to be more formal

Federal courts are more formal than state courts in just about any way you can think of. It is common for a federal judge to have held a high position with a prestigious law firm. It is common for them to have run a successfully private practice or to have served as a well-respected federal prosecutor. As a result, they are more rigid.

In fact, even at the clerk level, the federal court system is more rigid. The rules are strict and the judges go by the letter of the law when it comes to processes and documents. You can expect a federal judge to be entirely unwilling to bend in the way they apply Federal Rules of Evidence. On the other hand, California judges are bound to the California Evidence Code, which is not as strict. Additionally, depending on the specific law in front of the judges, it is common for state judges to have more leeway regarding their rulings.

Federal courts are generally more expensive

The fact that federal courts are so rigid is one of the reasons that federal lawsuits are much more expensive to litigate compared to state lawsuits. It is true that there is no such thing as a cheap lawsuit, but it is common for a company who is facing federal litigation issues to instead choose the more affordable arbitration or mediation option.

Both courts require an experienced attorney

No matter what court your business law issue is being handled in, you need an attorney who can help you through the process from A to Z. Reach out to Law Offices of Torrence L. Howell to speak to an experienced attorney who is ready to help you. Call (909) 920-0908 or send your info to info@torrencelhowelllaw.com to get the process started.


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