United States Judicial System

The United States Judicial system was created under Article III of the Constitution to ensure fair and impartial administration of justice.   The judicial branch of the government works separately from the executive and legislative branches.  Federal laws are passed by the legislative branch (congress), and signed by the President, who is head of the executive branch.  The judicial branch decides whether or not those laws follow the Constitution and resolves disputes about federal laws.  The executive branch is then required to enforce those decisions.

The United States has a federal system of government, which means the states are united with a central government, yet remain independent in certain internal affairs.  This includes separate federal and state court systems.

The Constitution is the supreme law of the land.

The Supreme Court is the highest court in the land.  It has the responsibility of determining whether a law is constitutional. It is also the last resort for those with legal disputes.

Underneath the Supreme Court, there are two types of courts, federal and state.  Each of these has different jurisdiction.  Jurisdiction determines which court has the right to rule over a certain dispute.  Several factors are used when determining jurisdiction including the subject matter, dollar amount, and where the parties live or work.  The plaintiffs in a case are responsible for showing which court has jurisdiction over the dispute in question.

Federal courts have jurisdiction over:

  1. Indian reservations
  2. Military bases
  3. Maritime law
  4. Diplomats (unless their country gives consent for state jurisdiction)
  5. Question of federal law such as copyright or patent laws
  6. Disputes between two or more states such as those involving borders or water rights
  7. Bankruptcy cases
  8. Interstate claims over $75,000.00 if either party involved requests the case be moved to federal court.

The federal court system is divided into 94 district trial courts organized into 12 regional circuits.  A federal lawsuit can be files in any one of the 94 district courts.

The President appoints the Circuit Judges with the consent of the Senate. Each circuit judge is required to be a resident of the Circuit for which appointed at the time of his appointment and thereafter while in active service.  An exception to this rule is District of Columbia.

 

The following chart shows the circuits and number of judges in each circuit.

 

 

Circuits Composition Number of judges
District of Columbia District of Columbia 11
First Circuit Maine, Massachusetts, New Hampshire,

Puerto Rico, Rhode Island

 6
Second Circuit Connecticut, New York, Vermont 13
Third Circuit Delaware, New Jersey, Pennsylvania,

Virgin Islands

 14
Fourth Circuit Maryland, North Carolina, South Carolina,

Virginia, West Virginia

 15
Fifth Circuit District of the Canal Zone, Louisiana,

Mississippi, Texas

 17
Sixth Circuit Kentucky, Michigan, Ohio, Tennessee 16
Seventh Circuit Illinois, Indiana, Wisconsin 11
Eighth Circuit Arkansas, Iowa, Minnesota, Missouri,

Nebraska,

North Dakota, South Dakota

 11
Ninth Circuit Alaska, Arizona, California, Idaho, Montana,

Nevada, Oregon, Washington, Guam, Hawaii

 29
Tenth Circuit Colorado, Kansas, New Mexico, Oklahoma,

Utah,

Wyoming.

 12
Eleventh Circuit Alabama, Florida, Georgia. 12
Federal Circuit All Federal Judicial Districts. 12

There are 13 appeals courts, one for each of the regional circuits and one for the federal court in Washington DC.  An appeals court consists of 3 judges and no jury.  These courts hear challenges to district court decisions and determine whether the law was applied correctly when a case was tried.  These courts have nationwide jurisdiction and can hear cases not only in the circuit they reside, but any federal case in the United States.

 

STATE COURTS

Each state has an individually set-up court system.  Some examples are: small claims court, municipal court, family court, bankruptcy court, juvenile court, and superior court. You may be tried in a state court even if you don’t live in that state.  Minimum contact standards apply.  You may do business in that state or have received a summons in that state.