State or federal court, what's the difference?
Personnel changes on the Supreme Court of Ga. over the past 15
years have coincided with increased reliance on federal law and
terminology, even when interpreting Georgia state law and the
Georgia Constitution. In Sons of Confederate Veterans v. Henry
County Bd. of Commissioners ("SCV"),
decided today, the Court pulled back from its recent wholesale
reliance on federal principles of standing when interpreting
Georgia statutes.
A plaintiff might sue in federal court because of a perceived
favorable forum, compared to state court. Apart from subject-matter
jurisdiction (a federal question is at issue, or the case is
between parties from different states), federal court requires the
plaintiff to have standing, which means showing an injury that the
court can redress in its decision. Generally, a plaintiff can't
simply sue in federal court because of disagreement with government
action.
