Keith Mack
The American legal system is a “common law” system, which means that it relies heavily on court precedent in its formal adjudications. In other words, the outcomes of previous cases are used as a basis for deciding new ones. This is also known as case law or precedent. The United States Supreme Court is the highest court in the country, and its decisions are binding on all federal and state courts. The federal court system is based on a system of “jurisdictions”, which refers to the geographic distribution of courts of particular levels. Each state also has its own judicial system, including trial and appellate courts, and each state court system comprises its own jurisdiction.
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What You'll Learn
The US Supreme Court is the highest court
The Supreme Court has nine justices, including a chief justice. Each justice hires several law clerks to review petitions, research, prepare memorandums, and draft opinions. Justices may also be assigned to temporarily sit on lower federal courts, such as the US Court of Appeals, after they retire.
The Supreme Court's opinions are published in unofficial reporters, such as the Supreme Court Reporter and the United States Supreme Court Reports, Lawyers' Edition. These opinions create binding precedent in American law, with a "majority opinion" being reached when more than half of the justices agree.
The Supreme Court has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. It has ruled on significant cases, such as the 2014 decision in National Labor Relations Board v. Noel Canning, which limited the president's power to make recess appointments. The Supreme Court is also involved in cases related to contemporary political issues, such as immigration and gun rules.
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Federal courts have limited jurisdiction
In the United States, the federal court system includes several courts of limited jurisdiction. These include the U.S. Tax Court, the U.S. Court of Federal Claims, the U.S. Court of International Trade, and the U.S. Court of Military Appeals. Limited jurisdiction, or special jurisdiction, means that a court can only rule on certain types of cases, such as bankruptcy and family matters. These courts derive their power from an issuing authority, such as a constitution or statute, and must demonstrate that they are authorised to exert jurisdiction under that authority.
Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. They also have the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. For example, the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit. However, a court sitting in California is not strictly bound to follow the Fifth Circuit's prior decisions.
The United States Supreme Court is the highest court in the land, with lower federal courts including the U.S. Courts of Appeals, U.S. District Courts, and the U.S. Court of International Trade and U.S. Bankruptcy Courts. Each state also has its own judicial system, including trial and appellate courts, with the highest court in each state often referred to as the "supreme" court. State courts generally hear cases involving state constitutional matters, state laws and regulations, although they may also hear cases involving federal laws.
The three branches of government—legislative, executive, and judicial—operate within a system of checks and balances, with each branch formally separate but often requiring cooperation. Federal laws, for example, are passed by Congress and signed by the President, but the judicial branch decides their constitutionality. Judges depend on the executive branch to enforce court decisions, providing a peaceful way to resolve disputes that people cannot resolve themselves.
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State courts have their own jurisdiction
The United States Constitution establishes a federal system of government, with power shared between the federal government and state governments. Both the federal government and each of the state governments have their own court systems.
State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment. State courts have general jurisdiction, meaning they have the authority over all kinds of cases, except those prohibited by state law or allocated to federal courts of exclusive jurisdiction, such as admiralty or bankruptcy issues. For example, some states deny subject-matter jurisdiction for a case that does not involve state citizens or did not take place in the state.
State courts handle more cases and interact with the public more than federal courts. They generally hear cases involving state constitutional matters, state laws and regulations, and prosecute crimes on behalf of citizens. For instance, robbery is a crime against a person, making it a state crime. State courts may also hear cases involving federal laws.
In some cases, both federal and state courts have jurisdiction, and parties may choose which court will hear their case. For example, employees can go to federal or state court for a federal law violation, but only state court for a state law violation.
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Case law is based on precedent
The American legal system is a common law system, which means it relies heavily on case law, or precedent, in formal adjudications. Case law is the body of prior judicial decisions that guide judges in deciding issues before them. In other words, case law is based on precedent.
In the US, there are federal courts and state courts. The federal court system is based on a system of jurisdictions, which are geographically distributed. There is only one Supreme Court, but there are multiple courts of appeals and district courts. Each state court system also has its own jurisdiction. The jurisdiction in which a case arose determines which courts' decisions will be binding precedents. For example, decisions by the US Supreme Court are binding on all federal and state courts, while a decision by the US Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit.
The role of precedent in the US legal system can be seen in how cases are appealed. For instance, in California, people who lose a case or part of a case in a trial court can ask a higher court (an "appellate court") to review the trial court's decision. Appeals of family law cases, probate cases, juvenile cases, felony cases, and civil cases for more than a certain amount are heard in the Court of Appeal. If a case is heard in the highest court of a state (usually the state supreme court) and involves federal law, it can be appealed to the federal Supreme Court. However, if the case is decided solely on state law, the US Supreme Court cannot consider it.
The American legal system is also based on federalism, or decentralisation, meaning that while the national or "federal" government has significant powers, individual states retain powers not specifically enumerated as exclusively federal. This is reflected in the court system, where most states have court systems that mirror the federal court system.
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Appeals process
In the United States, the Supreme Court is the highest court. Lower federal courts include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade and U.S. Bankruptcy Courts. Each state also has its own judicial system, which includes trial and appellate courts.
The U.S. Courts of Appeals review the procedures and decisions of district courts to ensure fairness and correct application of the law. These appellate courts handle over 50,000 cases annually, and their decisions are typically final and binding on lower courts within their circuit. Each of the 12 regional circuits has its own court of appeals, with a 13th court of appeals, the U.S. Court of Appeals for the Federal Circuit, hearing appeals in specialised cases.
Appeals are usually based on written briefs, but some cases are selected for "oral argument", a structured discussion between lawyers and judges focusing on disputed legal principles. Each side typically has 15 minutes to present their arguments. If the appellate court sends the case back for additional proceedings or if the parties request the U.S. Supreme Court to review the case, the decision may not be final.
A litigant who is unsatisfied with a decision made by a federal administrative agency may file a petition for review by a court of appeals. However, in certain cases, judicial review may first be obtained in a district court. A litigant who loses in a federal court of appeals or a state's highest court may file a petition for a "writ of certiorari", asking the Supreme Court to review the case. The Supreme Court is not obligated to grant this review and typically does so only when the case involves an important legal principle or when different interpretations of a law are involved.
Federal courts of appeals have reached conflicting conclusions about whether certain appeals are governed by time limitations for civil or criminal cases. Amendments have been made to clarify the timing of notices of appeal and to specify that no additional fees are required for amended notices.
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Frequently asked questions
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them.
Federal courts hear cases involving matters related to the United States Constitution, federal laws and regulations, and certain matters that involve parties from different states or countries, or large sums of money in dispute. State courts generally hear cases involving state constitutional matters, state law and regulations, although they may also hear cases involving federal laws.
The United States Supreme Court is the highest court in the country. Lower federal courts include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade and U.S. Bankruptcy Courts.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. Judges depend on the executive branch to enforce court decisions.
People who lose a case or part of a case in a trial court can request a higher court (appellate court) to review the decision. Appeals are heard by a panel of three judges, and parties file "briefs" arguing for or against affirming or reversing the decision. The court then schedules "oral argument," where lawyers make their arguments and answer the judges' questions.
