Federal v. State

Fundamental Cases on the Fourth Amendment by Adam J. McKee

If an act is a violation of federal law, it will be tried in federal courts.  If an act is a violation of state law, it will be tried in that state.  If an act violates both state and federal law, it can be tried in both.  However, states do not have the right to prosecute someone for an act that violates federal law.

When it comes to appeals, state courts have the final say in problems that are strictly a matter of state law.  If a federal issue is involved, such as a violation of federal constitutional rights, then the federal courts can become involved.

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Modification History

File Created: 07/30/2018
Last Modified:  08/10/2018


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