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lederal vs SLaLe CourLs







Federal vs. State Courts
Kadeem S Bell
Intro to Judiciary 10:00-10:50









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-stract
The U.S. Constitution created a governmental structure Ior the United States known as
Iederalism. Federalism reIers to a sharing oI powers -etween the national government and the
state governments. The Constitution gives certain powers to the Iederal government and reserves
the rest Ior the states. ThereIore, while the Constitution states that the Iederal government is
supreme with regard to those powers expressly or implicitly delegated to it, the states remain
supreme in matters reserved to them. This supremacy oI each government in its own sphere is
known as separate sovereignty, meaning each government is sovereign in its own right.

Both the Iederal and state governments need their own court systems to apply and interpret
their laws. Furthermore, -oth the Iederal and state constitutions attempt to do this -y speciIically
spelling out the jurisdiction oI their respective court systems.
For example, since the Constitution gives Congress sole authority to make uniIorm laws
concerning -ankruptcies, a state court would lack jurisdiction in this matter. Likewise, since the
Constitution does not give the Iederal government authority in most matters concerning the
regulation oI the Iamily, a Iederal court would lack jurisdiction in a divorce case. This is why
there are two separate court systems in merica. The Iederal court system deals with issues oI
law relating to those powers expressly or implicitly granted to it -y the U.S. Constitution, while
the state court systems deal with issues oI law relating to those matters that the U.S. Constitution
did not give to the Iederal government or explicitly deny to the states.







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Federal Court System
The term federal court can actually reIer to one oI two types oI courts. The Iirst type oI court
is what is known as an rticle III court. These courts get their name Irom the Iact that they
derive their power Irom Article III oI the Constitution. These courts include (1) the U.S. District
Courts, (2) the U.S. Circuit Courts oI ppeal, and (3) the U.S. Supreme Court. They also include
two special courts: (a) the U.S. Court oI Claims and (-) the U.S. Court oI International Trade.
These courts are special -ecause, unlike the other courts, they are not courts oI general
jurisdiction. Courts oI general jurisdiction can hear almost any case. ll judges oI rticle III
courts are appointed -y the President oI the United States with the advice and consent oI the
Senate and hold oIIice during good -ehavior.

The second type oI court also is esta-lished -y Congress. These courts are (1) magistrate
courts, (2) -ankruptcy courts, (3) the U.S. Court oI Military ppeals, (4) the U.S. Tax Court, and
(5) the U.S. Court oI Veterans' ppeals. The judges oI these courts are appointed -y the
President with the advice and consent oI the Senate. They hold oIIice Ior a set num-er oI years,
usually a-out 15. Magistrate and -ankruptcy courts are attached to each U.S. District Court. The
U.S. Court oI Military ppeals, U.S. Tax Court and U.S. Court oI Veterans' ppeals are
called Article I or legislative courts.

&S District Courts
There are 94 U.S. District Courts in the United States. Every state has at least one
district court, and some large states, such as CaliIornia, have as many as Iour. Each district court
has -etween 2 and 28 judges. The U.S. District Courts are trial courts, or courts oI original
jurisdiction. This means that most Iederal cases -egin here. U.S. District Courts hear -oth civil
and criminal cases. In many cases, the judge determines issues oI law, while the jury (or judge
sitting without a jury) determines Iindings oI Iact.
&S Circuit Courts of Appeal
There are 13 U.S. Circuit Courts oI ppeal in the United States. These courts are divided
into 12 regional circuits and sit in various cities throughout the country. The U.S. Court oI
ppeals Ior the Federal Circuit (the 13th Court) sits in Washington. With the exception oI
criminal cases in which a deIendant is Iound not guilty, any party who is dissatisIied with the
judgment oI a U.S. District Court (or the Iindings oI certain administrative agencies) may appeal
to the U.S. Circuit Court oI ppeal in his/her geographical district. These courts will examine the
trial record Ior only mistakes oI law; the Iacts have already -een determined -y the U.S. District
Court. ThereIore, the court usually will neither review the Iacts oI the case nor take any
additional evidence. When hearing cases, these courts usually sit in panels oI three judges.

&S Supreme Court
The Supreme Court oI the United States sits at the apex oI the Iederal court system. It is
made up oI nine judges, known as justices, and is presided over -y the ChieI Justice. It sits in
Washington, D.C. Parties who are not satisIied with the decision oI a U.S. Circuit Court oI
ppeal (or, in rare cases, oI a U.S. District Court) or a state supreme court can petition the U.S.
Supreme Court to hear their case. This is done mainly -y a legal procedure known as a !etition
for a Writ of Certiorari (cert.). The Court decides whether to accept such cases. Each year, the
Court accepts -etween 100 and 150 oI the some 7,000 cases it is asked to hear Ior argument. The
cases typically Iit within general criteria Ior oral arguments. Four justices must agree to hear the
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case (grant cert). While primarily an appellate court, the Court does have original jurisdiction
over cases involving am-assadors and two or more states.


State Court Systems
No two state court systems are exactly alike. Nevertheless, there are suIIicient similarities
to provide an example oI what a typical state court system looks like. Most state court systems
are made up oI (1) two sets oI trial courts: (a) trial courts oI limited jurisdiction (pro-ate, Iamily,
traIIic, etc.) and (-) trial courts oI general jurisdiction (main trial-level courts); (2) intermediate
appellate courts (in many, -ut not all, states); and (3) the highest state courts (called -y various
names). Unlike Iederal judges, most state court judges are not appointed Ior liIe -ut are either
elected or appointed (or a com-ination oI -oth) Ior a certain num-er oI years.

Trial Courts of Limited 1urisdiction
Trial courts oI limited jurisdiction are courts that deal with only speciIic types oI cases.
They are oIten located in/near the county courthouse and are usually presided over -y a single
judge. judge sitting without a jury hears most oI the cases heard -y these courts. Some
examples oI trial courts oI limited jurisdiction include:

Pro-ate court: This court handles matters concerning administering the estate oI a
person who has died (decedent). It sees that the provisions oI a will are carried out or sees that a
decedent's property is distri-uted according to state law iI he/she died intestate (without a will).
Family court: This court handles matters concerning adoption, annulments, divorce, alimony,
custody, child support, etc.
TraIIic court: This court usually handles minor violations oI traIIic laws. Juvenile
court: This court usually handles cases involving delinquent children under a certain age, Ior
example, 18 or 21. Small claims court: This court usually handles suits -etween private persons
oI a relatively low dollar amount, Ior example, less than $5,000 Municipal court: This court
usually handles cases involving oIIenses against city ordinances.
Trial Courts of General 1urisdiction
Trial courts oI general jurisdiction are the main trial courts in the state system. They
hear cases outside the jurisdiction oI the trial courts oI limited jurisdiction. These involve -oth
civil and criminal cases. One judge (oIten sitting with a jury) usually hears them. In such cases,
the judge decides issues oI law, while the jury decides issues oI Iact. record oI the proceeding
is made and may -e used on appeal. These courts are called -y a variety oI names, including (1)
circuit courts, (2) superior courts, (3) courts oI common pleas, (4) and even, in New York,
supreme courts. In certain cases, these courts can hear appeals Irom trial courts oI limited
jurisdiction.
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ntermediate Appellate Courts
Many, -ut not all, states have intermediate appellate courts -etween the trial courts oI
general jurisdiction and the highest court in the state. ny party, except in a case where a
deIendant in a criminal trial has -een Iound not guilty, who is not satisIied with the judgment oI
a state trial court may appeal the matter to an appropriate intermediate appellate court. Such
appeals are usually a matter oI right (meaning the court must hear them). However, these courts
address only alleged procedural mistakes and errors oI law made -y the trial court. They will
usually neither review the Iacts oI the case, which have -een esta-lished during the trial, nor
accept additional evidence. These courts usually sit in panels oI two or three judges.

Highest State Courts
ll states have some sort oI highest court. While they are usually reIerred to as
supreme courts, some, such as the highest court in Maryland, are known as courts oI appeal. In
states with intermediate appellate courts, the highest state courts usually have discretionary
review as to whether to accept a case. In states without intermediate appellate courts, appeals
may usually -e taken to the highest state court as a matter oI right. Like the intermediate
appellate courts, appeals taken usually allege a mistake oI law and not Iact. In addition, many
state supreme courts have original jurisdiction in certain matters. For example, the highest courts
in several states have original jurisdiction over controversies regarding elections and the
reapportionment oI legislative districts. These courts oIten sit in panels oI three, Iive, seven, or
nine judges/justices.
Establishment of State and Federal Courts
State and local courts are esta-lished -y a state (within states there are also local courts that are
esta-lished -y cities, counties, and other municipalities, which we are including in the general
discussion oI state courts). Federal courts are esta-lished under the U.S. Constitution to decide
disputes involving the Constitution and laws passed -y Congress.
1urisdiction of State and Federal Courts
The diIIerences -etween Iederal and state courts are deIined mainly -y jurisdiction. Jurisdiction
reIers to the kinds oI cases a court is authorized to hear.
State courts have -road jurisdiction, so the cases individual citizens are most likely to -e
involved in -- such as ro--eries, traIIic violations, -roken contracts, and Iamily disputes -- are
usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits
against the United States and those involving certain speciIic Iederal laws: criminal, antitrust,
-ankruptcy, patent, copyright, and some maritime cases.
Federal court jurisdiction, -y contrast, is limited to the types oI cases listed in the Constitution
and speciIically provided Ior -y Congress. For the most part, Iederal courts only hear:
O Cases in which the United States is a party;
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O Cases involving violations oI the U.S. Constitution or Iederal laws (under Iederal-
question jurisdiction);
O Cases -etween citizens oI diIIerent states iI the amount in controversy exceeds $75,000
(under diversity jurisdiction); and
O Bankruptcy, copyright, patent, and maritime law cases.
In some cases, -oth Iederal and state courts have jurisdiction. This allows parties to choose
whether to go to state court or to Iederal court.
Criminal Cases in State and Federal Court
Most criminal cases involve violations oI state law and are tried in state court, -ut criminal cases
involving Iederal laws can -e tried only in Iederal court. We all know, Ior example, that ro--ery
is a crime, -ut what law says it is a crime? By and large, state laws, not Iederal laws, make
ro--ery a crime. There are only a Iew Iederal laws a-out ro--ery, such as the law that makes it a
Iederal crime to ro- a -ank whose deposits are insured -y a Iederal agency. Examples oI other
Iederal crimes are -ringing illegal drugs into the country or across state lines, and use oI the U.S.
mails to swindle consumers. Crimes committed on Iederal property (such as national parks or
military reservations) are also prosecuted in Iederal court.
State Laws and the Federal Constitution
Federal courts may hear cases concerning state laws iI the issue is whether the state law violates
the Iederal Constitution. Suppose a state law Ior-ids slaughtering animals outside oI certain
limited areas. neigh-orhood association -rings a case in state court against a deIendant who
sacriIices goats in his -ackyard. When the court issues an order (called an injunction) Ior-idding
the deIendant Irom Iurther sacriIices, the deIendant challenges the state law in Iederal court as an
unconstitutional inIringement oI his religious Ireedom.
Some kinds oI conduct are illegal under -oth Iederal and state laws. For example, Iederal laws
prohi-it employment discrimination, and the states have added their own laws which also Ior-id
employment discrimination. person can go to Iederal or state court to -ring a case under the
Iederal law or -oth the Iederal and state laws. state-law-only case can -e -rought only in state
court.
Courts and Caseloads
State courts handle -y Iar the larger num-er oI cases, and have more contact with the pu-lic than
Iederal courts do. lthough the Iederal courts hear Iar Iewer cases than the state courts, the cases
they do hear tend more oIten to -e oI national importance. Think oI the court cases you have
heard the most a-out. Most are U.S. Supreme Court decisions, -ecause the Iederal laws they
uphold and the Iederal rights they protect extend to everyone in this country. When state cases
are known outside their local area, it's oIten -ecause oI the identity oI the parties: Ior example,
the O.J. Simpson case was widely Iollowed, although the outcome would not aIIect the millions
oI television viewers. ases Filed Annually. State Court: 30, 000, and 0000 cases Iiled
Federal Court: 1,000,000 cases Iiled Number of fudgeships authori:ed. State Court:
pproximately 30,000 judgeships Federal Court: pproximately 1.700 judgeships
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Conclusion
The U.S. Constitution is the supreme law oI the land in the United States. It creates a
Iederal system oI government in which power is shared -etween the Iederal government and the
state governments. Due to Iederalism, -oth the Iederal government and each oI the state
governments have their own court systems.
The Federal Court System deals with rticle III oI the Constitution invest the judicial
power oI the United States in the Iederal court system. rticle III, Section 1 speciIically creates
the U.S. Supreme Court and gives Congress the authority to create the lower Iederal courts.
While the State Court System deals withThe Constitution and laws oI each state esta-lish the
state courts. court oI last resort, oIten known as a Supreme Court, is usually the highest court.
Some states also have an intermediate Court oI ppeals. Below these appeals courts are the state
trial courts. Some are reIerred to as Circuit or District Courts.
The Constitution states that Iederal judges are to -e nominated -y the President and
conIirmed -y the Senate. They hold oIIice during good -ehavior, typically, Ior liIe. Through
Congressional impeachment proceedings, Iederal judges may -e removed Irom oIIice Ior
mis-ehavior. lthough State court judges are selected in a variety oI ways, including election,
appointment Ior a given num-er oI years, appointment Ior liIe, and com-inations oI these
methods, e.g., appointment Iollowed -y election.
Furthermore, the type oI cases heard in Federal Court are Cases that deal with the
constitutionality oI a law, Cases involving the laws and treaties oI the U.S., m-assadors and
pu-lic ministers, Disputes -etween two or more states, dmiralty law, and Bankruptcy. Whereas
the type oI cases heard in State Courts are most criminal cases, pro-ate (involving wills and
estates), most contract cases, tort cases (personal injuries), Iamily law (marriages, divorces, and
adoptions), etc. State courts are the Iinal ar-iters oI state laws and constitutions. Their
interpretation oI Iederal law or the U.S. Constitution may -e appealed to the U.S. Supreme
Court. The Supreme Court may choose to hear or not to hear such cases.










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Bi-liography

O #euters, T. (2011). Federal vs. state courts - key differences.
#etrieved Irom http://pu-lic.Iindlaw.com/li-rary/legal-system/Icourts-
vs-scourts.html
O dministrative OIIice oI the U.S. Courts, F. J. (n.d.).&nderstanding
federal and state courts . #etrieved Irom
http://www.uscourts.gov/Educational#esources/FederalCourtBasics/C
ourtStructure/UnderstandingFederalndStateCourts.aspx
O dministrative OIIice oI the U.S. Courts, F. J. (n.d.). omparing
federal and state courts. #etrieved Irom
http://www.uscourts.gov/Educational#esources/FederalCourtBasics/C
ourtStructure/ComparingFederalndStateCourts.aspx