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==Jurisdiction and Constitution== Unlike the U.S. Supreme Court, which was expressly established by [[wikipedia:Article_Three_of_the_United_States_Constitution|Article III of the Constitution]], the district courts were established by Congress pursuant to authority delegated by Article III<ref group="note">Article III of the Constitution provides that the "judicial power of the United States, shall be vested in . . . such inferior courts as the Congress may from time to time ordain and establish."</ref> through the enacting of a federal statute, the [[wikipedia:Judiciary_Act_of_1789|Judiciary Act of 1789]]. There is no constitutional requirement that district courts exist at all.<ref name="Pfander_Page_83">{{cite book|last1=Pfander|first1=James|title=One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States|date=2009|publisher=Oxford University Press|location=Oxford|isbn=9780195340334|page=83|url=https://books.google.com/books?id=yHpVDwAAQBAJ&pg=PA83|access-date=August 11, 2023}}</ref> Unlike some state courts, the power of federal courts to hear cases and controversies is strictly limited. Federal courts may not decide every case that happens to come before them. In order for a district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question. The district courts exercise original jurisdiction over a wide range of cases, of which the best known are the following: *Civil actions arising under the Constitution, laws, and treaties of the United States;<ref>28 U.S.C. § 1331</ref> *Certain civil actions between citizens of different states or citizens of a state and a foreign state;<ref>28 U.S.C. § 1332</ref> *Civil actions within the admiralty or maritime jurisdiction of the United States;<ref>28 U.S.C. § 1333</ref> *Criminal prosecutions brought by the United States;<ref>18 U.S.C. § 3231</ref> *Civil actions in which the United States is a party<ref>28 U.S.C. § 1345 (United States as plaintiff); 28 U.S.C. § 1346 (United States as defendant)</ref> For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts. In other words, a plaintiff can choose to bring these cases in either a federal district court or a state court. Congress has established a procedure whereby a party, typically the defendant, can "remove" a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter (meaning that the case could have been filed in federal court initially).<ref>{{Cite web|url=https://www.law.cornell.edu/uscode/text/28/1441|title=28 USC 1441}}</ref> If the party that initially filed the case in state court believes that removal was improper, that party can ask the district court to "remand" the case to the state court system. For certain matters, such as patent and copyright infringement disputes and prosecutions for federal crimes, the jurisdiction of the district courts is exclusive of that of the state courts, meaning that only federal courts can hear those cases.<ref group="note">In some situations, federal law provides both for the exclusive jurisdiction of federal courts and for the immunity of the defendant from the power of those courts. One example of this is [[patent]]-infringement claims against a state government: only the federal courts may hear patent cases, but the states have [[sovereign immunity]] from such suits under the [[Eleventh Amendment to the United States Constitution|Eleventh Amendment]]. Although a state may choose to waive its immunity in such a case and allow it to proceed to trial, if it does not do so, the plaintiff has no recourse. This doctrine was reaffirmed by the [[Supreme Court of the United States]] in ''[[Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank]]'', 527 U.S. 627 (1999).</ref> In addition to their original jurisdiction, the district courts have appellate jurisdiction over a limited class of judgments, orders, and decrees.<ref>''See'', ''e.g.'', {{usc|28|158}}(a)(1) (U.S. district courts are authorized to hear appeals from final judgments, orders, and decrees of U.S. bankruptcy judges).</ref>
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