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According to
United States Courts (n.d.), state courts handle criminal cases, probate, contract cases, tort
cases, and family law matters while the federal court system handles cases that deal with the
constitutionality of a law, cases involving laws and treaties of the U.S., cases involving
ambassadors and public ministers, disputes between two or more states, admiralty law,
Federal and State cases are held in different courts depending upon the specifics of the
case. If parties are not satisfied with court decisions the case can be taken through the appeals
process and, if warranted, to the Supreme Court for a final decision. Only certain cases will
be heard by the Supreme Court such as those state matters that are viewed as constitutional
matters.
A legal matter is considered final after a court has made a ruling. If both parties agree
to the ruling then the case is settled if not the case can be taken through the appeals process to
possibly have a different ruling decided upon. In an appeals process, a court ruling is
considered final when parties agree on the appeals ruling or if the appeals process if
exhausted, in which case the original ruling stands. After the appeals process, a case my be
heard by the Supreme Court for a final and definitive ruling. The Supreme Court, however,
does not accept all cases, which also finalizes the original court ruling.
United States Courts. (n.d). Comparing Federal & State Courts. Retrieved from
https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-
courts
United States Courts. (n.d.). Court roles and structure. Retrieved from
https://www.uscourts.gov/about-federal-courts/court-role-and-structure
Tiffani,
Great post. I really liked how you outlined jurisdiction and how it relates to EMTALA vs
malpractice and negligence. After reading your post I was curious how one goes about filing an
EMTALA complaint. From what I could find out the person filing the complaint must contact
their local Centers for Medicare and Medicaid Services (CMS) office (by region) to file an
EMTALA complaint. Filing a complaint is a responsibility of the patient or facility. I’d like to
point out that the penalty for EMTALA violations are also subject to civil, personal injury claims
as well.
Heather,
The court systems in the United States can be confusing at times. For example, not all criminal
cases are heard in federal court only and not all traffic violations are heard just by the state.
States have criminal proceedings as well but I do like how you pointed out that the main
difference between state and federal court are the parties involved. Also, medical malpractice
and negligence cases can also be heard at the state level. Great post!