The federal court system typically decides to take cases based on a few key principles:
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Federal Jurisdiction: Federal courts handle cases that involve federal laws, constitutional issues, disputes between states, and cases involving citizens from different states (diversity jurisdiction).
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Appeals: The federal system often deals with appeals. Cases that have already been decided in lower courts (either state or federal) may be appealed to the federal courts, particularly if they involve significant legal questions or issues of constitutional interpretation.
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Supreme Court Discretion: The U.S. Supreme Court has the discretion to choose which cases it will hear, primarily through the writ of certiorari process. Typically, the Court accepts cases that involve important legal questions, conflicts among different lower courts, or significant constitutional issues.
Thus, the correct statement regarding the federal court system's decision on which criminal cases to take is that they take cases that are being appealed.