Legal Question in Business Law in New Jersey

Business Law Student

A case involving the constitutionality of an abortion statute. Would that be held at the US Supreme Court level. If so, why? If not why?


Asked on 11/29/07, 3:04 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Business Law Student

Actions are alway brought in a court having "original jurisdiction" (as opposed to "appellate jurisdiction". The United States District Courts have original jurisdiction over "all civil actions arising under the Constitution ...." 28 USC �1331. Which one of the District Courts is determines by the rules of venue, in this case 28 USC �1391(b).

A state court is not precluded from determining issues of constitutionality under the U.S. Constitution but direct challenges to a statute's on U.S Constitutional grounds are most often raised in the federal courts.

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Answered on 11/29/07, 4:10 pm


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