Comparing Federal & State Courts | United States Courts
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Comparing Federal & Courts
The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system
of government in which power is shared between the federal government and the state
governments. Due to federalism, both the federal government and each of the state governments
have their own court systems. Discover the differences in structure, judicial selection, and cases
heard in both systems.
Court Structure
The Federal Court System
The State Court System
Article III of the Constitution invests the judicial power of the United
The Constitution and laws of each state establish the state courts. A
States in the federal court system. Article III, Section 1 specifically
court of last resort, often known as a Supreme Court, is usually the
creates the U.S. Supreme Court and gives Congress the authority to
highest court. Some states also have an intermediate Court of Appeals.
create the lower federal courts.
Below these appeals courts are the state trial courts. Some are referred
Congress has used this power to establish the 13 U.S. Courts of
States also usually have courts that handle specific legal matters, e.g.,
Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the
probate court (wills and estates); juvenile court; family court; etc.
cannot get involved in state laws unless it has a
to as Circuit or District Courts.
federal question that the supreme courts may
want to take
U.S. Court of International Trade. U.S. Bankruptcy Courts handle
have to even out federal law among the circuits
bankruptcy cases. Magistrate Judges handle some District Court
matters.
can appeal to the circuit court (separated by region)
Parties dissatisfied with a decision of a U.S. District Court, the U.S.
Parties dissatisfied with the decision of the trial court may take their
Court of Claims, and/or the U.S. Court of International Trade may
case to the intermediate Court of Appeals.
appeal to a U.S. Court of Appeals.
A party may ask the U.S. Supreme Court to review a decision of the
Parties have the option to ask the highest state court to hear the case.
U.S. Court of Appeals, but the Supreme Court usually is under no
obligation to do so. The U.S. Supreme Court is the final arbiter of
federal constitutional questions.
Only certain cases are eligible for review by the U.S. Supreme Court.
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Comparing Federal & State Courts | United States Courts
http ://www.uscourts .gov/about-federal-courts/court-role-and-structure..
Selection of Judges
The Federal Court System
The State Court System
The Constitution states that federal judges are to be nominated by the
State court judges are selected in a variety of ways, including
President and confirmed by the Senate.
They hold office during good behavior, typically, for life. Through
• election,
• appointment for a given number of years,
Congressional impeachment proceedings, federal judges may be
removed from office for misbehavior.
• appointment for life, and
• combinations of these methods, e.g., appointment followed by
election.
Types of Cases Heard
The Federal Court System
The State Court System
• Cases that deal with the constitutionality of a law;
• Most criminal cases, probate (involving wills and estates)
• Cases involving the laws and treaties of the U.S.;
• Most contract cases, tort cases (personal injuries), family law
• Cases involving ambassadors and public ministers;
• Disputes between two or more states;
• Admiralty law;
(marriages, divorces, adoptions), etc.
State courts are the final arbiters of state laws and constitutions. Their
interpretation of federal law or the U.S. Constitution may be appealed
to the U.S. Supreme Court. The Supreme Court may choose to hear or
• Bankruptcy; and
not to hear such cases.
• Habeas corpus issues.
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Our Founding Fathers understood the need for an independent Judiciary, which was created under Article III
of the United States Constitution. The Judicial Branch is one of one of the three separate and distinct
branches of the federal government. The other two are the legislative and executive branches. For more
information on the courts system, visit the U.S. Courts website.
The Federal Court system is separated into five main areas:
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1. The Supreme Court of the United States
The United States Supreme Court consists of the Chief Justice of the United States and eight associate
justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each
year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state
courts, and they usually involve important questions about the Constitution or federal law. For more
information about the Supreme Court, visit the Supreme Court's official website,
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2. U.S. Courts of Appeals
The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court
of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as
appeals from decisions of federal administrative agencies. In addition, the Court of Appeals for the Federal
Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws
and cases decided by the Court of International Trade and the Court of Federal Claims.
3. U.S. District Courts
The United States district courts are the trial courts of the federal court system. Within limits set by
Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal
cases, including both civil and criminal matters. Every day hundreds of people across the nation are selected
for jury duty and help decide some of these cases. There are 94 federal judicial districts, including at least
one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States—
the Virgin Islands, Guam, and the Northern Mariana Islands—have district courts that hear federal cases,
including bankruptcy cases. See the map above or view a Printable Circuit/District map at the U.S.
Courts website.
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About U.S. Federal Courts
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http://www.fedbar.org/Public-Messaging/About-US-Federal-Courts 1..
4. U.S. Bankruptcy Courts
Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy
cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Bankruptcy laws
help people who can no longer pay their creditors get a fresh start by liquidating their assets to pay their
debts, or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for
orderly distributions to business creditors through reorganization or liquidation. These procedures are
covered under Title 11 of the United States Code (the Bankruptcy Code). The vast majority of cases are filed
under the three main chapters of the Bankruptcy Code, which are Chapter 7, Chapter 11, and Chapter 13.
5. U.S. Courts of Special Jurisdiction
These include the U.S. Court of Appeals for the Armed Forces, the U.S. Court of Federal Claims, the U.S.
Court of International Trade, the U.S. Tax Court, the U.S. Court of Appeals for Veterans Claims, and the
Judicial Pane] on Multidistrict Litigation. For more information on these courts, visit the U.S. Courts
website.
,5K,
U.S. Court of Appeals for Armed Forces Special Session
The United States Court of Appeals for the Armed Forces celebrated the centennial of the opening of its
historic courthouse at 450 E Street, NW, Washington, DC with a special session of court on 1 October 2010.
Presiding was the Court's chief judge, Andrew S. Effron. The Court was honored by the presence of the Chief
Justice of the United States, John G. Roberts, Jr., who unveiled a plaque listing all the judges who sat in the
courthouse during its first century. He was joined in this by the Chief Judge of the United States Court of
Appeals for the District of Columbia Circuit, David B. Sentelle, and Chief Judge Effron. The District of
Columbia Circuit sat in the courthouse from 1910 to 1952, when it was occupied by the United States Court
of Military Appeals, as it was then known. The principal speakers were Judge Scott W. Stucky of the Couirt
of Appeals for the Armed Forces, who spoke on the courthouse as a building, and Professor Steven H.
Goldblatt of Georgetown Law School, Chairman of the court's Rules Advisory Committee, who spoke on the
development of the law in the courthouse. A reception was held afterward in the courthouse's Grand Foyer.
© 2017 Federal Bar Association. All Rights Reserved.
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Tel. (571) 481-9100, Fax (571) 481-9090, fba@fedbar.org
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Court Jurisdiction | US Court of Appeals for the Federal Circuit
http://www.cafc.uscourts.gov/the-court/court-jurisdiction
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The United States Court of Appeals for the Federal Circuit was established under Article III of the Constitution on October 1, 1982. The court
was formed by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of
Claims. The court is located in the Howard T. Markey National Courts Building on historic Lafayette Square in Washington, D.C.
The Federal Circuit is unique among the thirteen Circuit Courts of Appeals. It has nationwide jurisdiction in a variety of subject areas, including
international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel,
veterans' benefits, and public safety officers' benefits claims. Appeals to the court come from all federal district courts, the United States Court
of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims. The court also
takes appeals of certain administrative agencies' decisions, including the United States Merit Systems Protection Board, the Boards of Contract
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Court Jurisdiction | US Court of Appeals for the Federal Circuit http://www.cafc.uscourts.gov/the-court/court-jurisdiction
Appeals, the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board. Decisions of the United States International Trade
Commission, the Office of Compliance, an independent agency in the legislative branch, and the Government Accountability Office Personnel
Appeals Board, and the Department of Justice Bureau of Justice Assistance also are reviewed by the court. Many of the administrative law
cases consist of personnel and veterans claims. Nearly all of the intellectual property cases involve patents. Suits for money damages against
the United States government include government contract cases, tax refund appeals, unlawful takings, and civilian and military pay cases.
The judges of the court are appointed by the President, with the advice and consent of the Senate. Judges are appointed to the court for life
under Article III of the Constitution of the United States. There are twelve judges in active service. When eligible, judges may elect to take
senior status, which permits them to continue to serve on the court while handling fewer cases than a judge in active service. Each judge in
active service employs a judicial assistant and up to four law clerks, while each judge in senior status employs a judicial assistant and one law
clerk.
Title 28 of the United States Code, the Federal Rules of Appellate Procedure and the court's Rules of Practice and Internal Operating
Procedures govern procedure in the Federal Circuit. Appeals are heard by panels comprised of three judges who are selected randomly for
assignment to the panels. Losing parties may seek review of a decision of the Federal Circuit in the Supreme Court of the United States.
Court sessions generally are held during the first week of each month in Washington, D.C. The court also is authorized to hear cases in other
cities throughout the United States to meet the needs of litigants in other parts of the country. The court has sat in many other cities during
its existence.
The court's work begins when an appeal is docketed by the Clerk of the Court, and is assigned a docket number. The parties to the cases then
prepare and file written briefs setting forth their arguments. Parties also may submit materials such as transcripts of testimony and other
relevant parts of the record made in the lower tribunal from which the appeal originated. Once all the briefs have been received, the case may
be scheduled for oral argument before the court. Each side usually is allotted between 15 and 30 minutes for argument, depending on the
nature of the case. During oral argument, the lawyers for the parties present their arguments and answer questions of the judges concerning
the issues presented. If the court determines that oral argument is unnecessary, the case is decided by a panel of judges based on the
arguments presented in the briefs. In each appeal, the presiding Judge of the panel assigns a member of the panel to prepare the court's
opinion. The opinion sets out the decision of the court and the reasons for the decision. If the panel determines that its decision will add
significantly to a body of law, it issues a precedential opinion. Decisions that do not add significantly to the body of law are issued as
nonprecedential. All opinions are made available to the public, and may be obtained from the court's home page on the Internet, the Federal
Reporter 3rd Series, Westlaw® and Lexis®.
The senior staff of the court consists of the Circuit Executive and Clerk of Court, the General Counsel, Senior Staff Attorney, Circuit Librarian,
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