THEMES: Jurisdictional Complexity

Jurisdictional Complexity (Fifty state and one federal court systems, not to mention law and equity, civil and criminal)

QUERY: What are the strengths and weaknesses of the multiplicity of American jurisdictions?

The United States were formed by agreement among the former British colonies in North America through a constitution which preserved a significant degree of local autonomy while creating a national government and imbuing it with limited powers. As a result state legislatures make laws and state courts decide cases without having to conform to the laws and procedures of the national government or other states.
Jurisdictional conflict arises between states and the federal government, but also between and among the states since Americans are first of all citizens of the United States. We can move freely about the country and the U.S. Constitution protects business dealings from interstate barriers. Some of the most perplexing legal issues arise in the context of conflict between the laws of different states..
Much of this conflict seems totally unnecessary when viewed in the context of other nations where laws are national and uniform. On the other hand, some would argue that there are benefits to diversity.

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Stare Decisis
Trial and Appeal
The Adversarial Process
Jurisdictional Complexity