Kara Sears
The two types of courts created by previous law are state and federal courts. The former are courts of general jurisdiction, meaning that any claim can be raised under state or federal law, except those under the exclusive jurisdiction of federal courts. Federal laws, on the other hand, are passed by Congress and signed by the President. Federal courts deal with federal law and the nation as a whole, while state courts only deal with matters in their own state. For example, a criminal court that hears a rape case is a state court. The Supreme Court is the highest court in the United States and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
| Characteristics | Values |
|---|---|
| Number of types | 2 |
| Types | State and Federal |
| Jurisdiction | Federal courts hear cases involving federal law, the nation as a whole, and breaches of the U.S. Constitution. State courts deal with matters within their own state and are considered courts of general jurisdiction, handling any claim under state or federal law. |
| Structure | Federal courts include the Supreme Court, 13 appellate or circuit courts, 94 district or trial courts, and bankruptcy courts. State courts have a similar hierarchical structure with lower courts, appellate courts, and a state supreme court. |
| Judges | Federal judges are nominated by the President and confirmed by the Senate. State judges are selected through governor or legislature appointments or elections. |
| Cases | Federal courts hear criminal and civil cases, while state courts handle civil and criminal cases, with some designated for specific types of cases, such as rape cases or family matters. |
| Appeals | Both state and federal appellate courts exist to review decisions of lower courts and determine if they should be overturned. |
| Removal | Defendants can sometimes choose to "remove" a case from state court to federal court. |
| Double Jeopardy | The principle of double jeopardy, where a defendant cannot be tried twice for the same charge, does not apply between federal and state governments. |
| Common Law | Common law courts were established after the Norman Invasion of Britain in 1066 by English royal judges, creating a standard known as "Common Law" practised in English and American legal systems. |
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What You'll Learn
Common law courts were established after the Norman Invasion of Britain in 1066
The Norman Conquest of 1066 marked a turning point in the legal history of England. William the Conqueror, the Duke of Normandy, invaded England and defeated Harold II, becoming the King of England. This conquest led to significant changes in the political, economic, social, and legal landscape of the country. One of the notable outcomes was the establishment of common law courts, which played a pivotal role in shaping the English legal system.
Prior to the Norman Conquest, England's legal system was characterised by local folk courts in various shires and hundreds. Additionally, urban boroughs, merchant fairs, and large landholders held their own manorial and seigniorial courts. The Anglo-Saxons, who had a significant presence in England since the 5th century AD, had developed a set of rules and customs that influenced the legal landscape. Local customs held significant sway, and the church played a prominent role in governance.
The Norman Conquest brought about the establishment of a centralised judiciary and the unification of the court system. The English Kings, particularly King William, sought to consolidate power and create institutions that served their interests. One such institution was the King's Court or the Regis Curia, which became a pivotal forum for administering justice. This court was set up near London in Westminster and served most of the country.
The common law system, which took its name from being common to all the king's courts across England, gradually evolved and supplanted the local folk and manorial courts. It drew from earlier Anglo-Saxon traditions, including the jury, ordeals, the concept of outlawry, and writs. However, the Normans also introduced their own customary law, influenced by their French heritage. They relied on literate clergymen as administrators, and Canon Law, developed in the universities of the 12th century, was applied in the English church courts.
The development of common law continued over the centuries, with King Henry II sending out judges to hear disputes and establish precedents. This further solidified the common law tradition and contributed to the growth of a legal system that spread beyond England to Wales, Ireland, colonies, and eventually, the wider world. Today, common law forms the basis of legal systems in many countries, including those in the Commonwealth and English-speaking nations.
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Federal courts were established by the Judiciary Act in 1789
The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. The Act established the organisation of the US federal court system, which was only outlined in general terms in the US Constitution. The Act created a three-part judiciary, consisting of district courts, circuit courts, and the Supreme Court, with each branch having a distinct structure and jurisdiction.
The district courts were granted exclusive jurisdiction over all crimes and offences committed within their respective districts or upon the high seas, as well as civil causes of admiralty and maritime jurisdiction. The circuit courts were given original jurisdiction over civil suits where the matter in dispute exceeded a certain monetary value, and the United States was a plaintiff or petitioner. They also had jurisdiction over crimes and offences cognizable under the authority of the United States.
The Supreme Court, according to the Act, would be composed of one chief justice and five associate justices, with all decisions being final. The Supreme Court was also vested with the power to settle disputes between states and review the final judgments of state courts in cases involving the validity of treaties or statutes of the United States.
The Judiciary Act of 1789 provided a charter for the federal judicial system by specifying the qualifications and authority of various judicial officers, including federal judges, district attorneys, court clerks, US Marshals, and Deputy Marshals. The role of the federal Marshal was modelled on the county sheriff, with law enforcement responsibilities.
The Act was the result of a lengthy and heated debate between Federalists, who advocated for a strong federal government, and Anti-Federalists, who sought to protect the rights of the states. Despite amendments over the years, the basic structure established by the Judiciary Act of 1789 has remained largely intact, with minor adjustments, and continues to form the foundation of the US federal court system today.
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State courts deal with matters in their own state
The United States judicial system comprises two types of courts: federal and state. These two types of courts are independent of one another but work on the same legal principles. State laws are usually modelled after federal law, and no state law can contradict or override federal law. All state laws must comply with the US Constitution.
State judges are selected through various methods, including governor or legislature appointments or elections. In 2022, there were hundreds of judicial elections across the country, allowing everyday residents to play a direct role in shaping the legal system.
State courts hear both civil and criminal cases, and different courts are often designated to hear only a certain type of case. For example, District Court Number 1 might be assigned to hear only felony criminal cases, while District Court Number 2 might be assigned to hear only large civil claims. Most states have additional lower courts that are designated to handle only specific topics or claims, such as probate courts and family courts.
State appellate courts are intermediate courts that review questions of legal procedure or matters of law arising from lower court decisions. These courts are usually divided by appellate division, with one appeals court designated to hear appeals from several different lower state courts.
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Federal courts deal with federal law and the nation as a whole
The United States has two types of courts: state and federal. Federal courts deal with federal law and the nation as a whole, whereas state courts only deal with matters in their own state. Federal laws are passed by Congress and signed by the President, and federal judges are nominated by the President and confirmed by the Senate. Federal judges hear both criminal and civil cases, and their decisions are based on federal law and previous rulings made by the Supreme Court.
The Supreme Court is the highest court in the United States and is a federal court. It has the power to decide appeals on all cases brought in federal court and those brought in state court but dealing with federal law. For example, if a state's highest court rules on a First Amendment freedom of speech case, the case can be appealed to the federal Supreme Court. The Supreme Court also has the authority to decide the constitutionality of federal laws.
The Federal Judiciary Act of 1789 established a Federal court system, with the district courts given jurisdiction over all crimes and offences committed under the authority of the United States within their respective districts. Federal courts also have jurisdiction over civil causes of admiralty and maritime jurisdiction.
There are 13 appellate courts below the Supreme Court, known as the U.S. courts of appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. There are also 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.
Federal courts hear cases involving "federal questions", which are cases alleging a breach of federal law or the U.S. Constitution. They 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 addition to the 13 geographically-based circuit courts, there is also 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.
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The Supreme Court is the highest court in the US
The US judicial system is comprised of two types of courts: state and federal. The former deals with matters confined to its own state, while the latter deals with federal law and the nation as a whole. The US Supreme Court is the highest court in the country, and it sits at the apex of the federal court system.
The Supreme Court was established by Article III of the US Constitution, which also authorised Congress to pass laws establishing a system of lower federal courts. The Supreme Court is comprised of nine justices, including one chief justice, who are appointed by the President and confirmed by the Senate for a life term.
Below the Supreme Court are 13 appellate courts, known as the US Courts of Appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. There are also 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.
The federal court system was established by the Judiciary Act, which was signed by President Washington on September 24, 1789. The founders of the new nation believed that the establishment of a national judiciary was of paramount importance. The federal courts are split into twelve regional circuits and one Federal Circuit.
The Supreme Court has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided in a state court, it could be appealed to the federal Supreme Court.
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Frequently asked questions
The two types of courts created by previous law are state and federal courts.
State courts deal with matters in their own state, whereas federal courts deal with federal law and the nation as a whole.
Examples of state courts include criminal courts, civil courts, and family courts.
Examples of federal courts include the 13 circuit courts, 94 district courts, and bankruptcy courts.
Federal judges are nominated by the President, whereas state judges are selected through various methods such as governor or legislature appointments or elections.
