From: stephen@sprunk.org

On 15-May-14 23:54, Adam H. Kerman wrote:
> Stephen Sprunk  wrote:
>> On 13-May-14 21:04, Adam H. Kerman wrote:
>>> Stephen Sprunk  wrote:
>>>> On 11-May-14 08:47, Adam H. Kerman wrote:
>>>>> Wrong again, Stephen; that's not how federalism works. State
>>>>> law and federal law are parallel systems, not
>>>>> inferior/superior.
>>>>
>>>> The US Constitution, and the US Civil War, disagree with you;
>>>> federal law/courts are superior to state law/courts.
>>>
>>> There can be overlapping jurisdiction of the two systems. But
>>> there is no shortage of incidents in which state courts have
>>> sole jurisdiction over the issue at trial, with no appeal in
>>> federal court. If federal law was always superior to state law as
>>> you claim, then any state matter would be appealable to federal
>>> court in all circumstances.
>>
>> Yes, federal courts have limited jurisdiction; if there is no
>> federal controversy at stake, they can't take the case.
>
> I said that like 12 followups back.

Not quite, but even if you had, I wouldn't have disagreed.

However, one can fairly easily _manufacture_ a federal controversy to
give federal courts jurisdiction; today this is generally done via the
14th Amd, but prior to that diversity cases were common as well.

>> However, one can appeal some cases (even if not all cases) from
>> state courts to federal courts, state courts are obligated to honor
>> the rulings of federal courts, and one can never appeal from
>> federal courts to state courts; this clearly means that one system
>> is superior to the other.
>
> With regard to the FEDERAL issue only; the trial court goes on to
> reconsider issues of state law with respect to the federal ruling.
> It's not like the trial moves to federal court.

That's how _all_ appeals work, assuming the trial court was a court of
record, regardless of whether the trial/appellate courts are
state/state, state/federal or federal/federal.

If the trial court was not a court of record, then an appeal requires a
new trial in the appellate court.

S

--
Stephen Sprunk         "God does not play dice."  --Albert Einstein
CCIE #3723         "God is an inveterate gambler, and He throws the
K5SSS        dice at every possible opportunity." --Stephen Hawking

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