The System of Courts

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There are two types of courts in the United States - state and federal.

You can
think about them as parallel tracks that can (though rarely) end up in the U.S.
Supreme Court. Within the two respective tracks, there are three main levels: trial
courts, appellate courts and the highest court for that respective track.

First, it’s important to understand jurisdiction: a court’s authority to hear cases and
make legal decisions. Jurisdiction refers not only to a court’s geographic scope, but
also whether there is a federal or state question at hand.

To file a lawsuit in federal court, one must allege that there is a breach of federal
law or the U.S. Constitution - these are cases that raise a “federal question.” Federal
courts also hear a unique type of case involving “diversity of citizenship” where the
case is between citizens of different states and potential damages exceed $75,000.

In contrast, state courts are known as courts of general jurisdiction, meaning that
one can raise any claim under state or federal law, except those that are under
exclusive jurisdiction of federal courts.

In either federal or state court, a case starts at the lowest level: a U.S. district
court or a state trial court, respectively. If a party disagrees with the outcome at the
trial level, they can appeal it to a higher court and eventually petition all the way up
to the U.S. Supreme Court.

There are, of course, exceptions to these procedural rules. Here are two notable
ones:

 The U.S. Supreme Court has original jurisdiction - the authority to be the first
court to hear a case — over specific matters, such as disputes between states.
In such rare instances, the U.S. Supreme Court would be the first and only
court to hear the case.
 After a three-judge panel decides a redistricting case alleging constitutional
violations, that case will automatically jump from district court to the U.S.
Supreme Court. The Supreme Court is forced to hear it, as well as three other
types of cases that have a mandatory right to be heard by the highest court in
the country.

The federal court system has three main levels: district courts, circuit courts and
the U.S. Supreme Court. Federal judges and Supreme Court justices are appointed by
the president and confirmed by the U.S. Senate for a lifetime term.

There are 94 active district courts across the country. Each U.S. state has between
one and four districts, and Puerto Rico and the District of Columbia both have one
district court. Guam, the Northern Mariana Islands and the U.S. Virgin Islands also
have their own territorial courts that function as district courts.

The number of judges varies widely by district. The U.S. District Court for the
Central District of California and the U.S. District Court for the Southern District of
New York have 28 judges each, the highest in the country. In contrast, the U.S.
District Court for the District of Idaho only has two judges, as do several other
district courts. District judges can also appoint magistrate judges, judicial officers
who serve time-limited terms and assist with proceedings, due to the heavy workload
at the trial level.

There are 13 circuit courts: 12 are organized geographically and one is the U.S.
Court of Appeals for the Federal Circuit, which hears specific national jurisdiction
cases including patent lawsuits and appeals from the U.S. Court of International
Trade. For example, the 6th U.S. Circuit Court of Appeals includes Michigan, Ohio,
Kentucky and Tennessee, so any case decided within the nine districts in this
geographic region will head to the 6th Circuit.

The number of judges in each circuit ranges from six judges in the 1st Circuit to
29 in the 9th Circuit. However, only three of these judges are randomly selected to
form the panel that will decide the appeal. On rare occasions, after the three judge-
panel makes a decision, a circuit court can rehear a case “en banc,” with the entire
slate of judges reviewing the case.
The state court system largely mirrors the structure of the federal court system in
that it is generally composed of three main levels: trial courts, state appellate courts
and a state Supreme Court. On rare occasions, a decision on federal matters made in a
state Supreme Court will be petitioned to the U.S. Supreme Court.

While federal judges are nominated by the president, state judges are selected
through various methods: governor or legislature appointments or elections. In 2022,
there will be hundreds of judicial elections happening across the country where
everyday residents can take a direct role in shaping the legal system.

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