Cecily Zamora
Courts are institutions that have the authority to resolve legal disputes and administer justice in civil, criminal, and administrative matters. The two major legal traditions in the Western world are civil law courts and common law courts. The US federal court system, for example, hears cases involving litigants from two or more states, violations of federal laws, treaties, and the Constitution, admiralty, bankruptcy, and related issues. The civil cases often involve civil rights, patents, and Social Security, while criminal cases involve tax fraud, robbery, counterfeiting, and drug crimes. In the US, there are 13 circuit courts, 12 of which are organised geographically, and one is the US Court of Appeals for the Federal Circuit, which hears specific national jurisdiction cases. State courts are considered 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.
| Characteristics | Values |
|---|---|
| Number of branches | Three – legislative, executive, and judicial |
| Purpose | To provide a peaceful way to decide private disputes that people can’t resolve themselves |
| Highest court | U.S. Supreme Court |
| Number of appellate courts | 13 |
| Number of district or trial courts | 94 |
| Number of bankruptcy courts | 90 |
| Federal courts jurisdiction | Limited – can only hear cases authorized by the United States Constitution or federal statutes |
| State courts | Courts of general jurisdiction – can raise any claim under state or federal law, except those under exclusive jurisdiction of federal courts |
| Type of cases heard in federal courts | Civil and criminal cases involving litigants from two or more states, violations of federal laws, treaties, and the Constitution, admiralty, bankruptcy, and related issues |
| Type of cases heard in state courts | Any claim under state or federal law, except those under exclusive jurisdiction of federal courts |
| Type of cases heard in civil law courts | Based on Roman law, specifically a civil body of law entitled Corpus Juris Civilis |
| Type of cases heard in common law courts | Established by English royal judges after the Norman Invasion of Britain in 1066 |
| Number of superior courts | 58 |
| Number of tribal courts in California | 19 |
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What You'll Learn
Civil law courts vs common law courts
The US legal system is divided into federal and state courts. The US Supreme Court is the highest court in the country, and below it are the appellate courts, also known as the US courts of appeals. The US also has 94 district or trial courts, known as US district courts, and 90 bankruptcy courts.
Civil law and common law are two different legal systems that are used in different countries. Civil law is based on a detailed, written set of laws made by legislators, which judges use to assess cases and make decisions. These laws are regularly updated, and the goal of these standardized codes is to create order and reduce bias. Civil law systems are more prescriptive than common law systems, and they clearly define the cases that can be brought to court, the procedures for handling claims, and the punishment for an offense.
Common law, on the other hand, is a body of unwritten laws based on legal precedents established by the courts. This system is shaped by judicial precedents rather than formal statutes, offering flexibility and allowing for judicial decisions based on previous rulings when written laws do not provide clear guidance. Common law relies on case-by-case judicial rulings to interpret and apply the law, which can lead to regional variations in legal outcomes. While common law aims for consistent results, elements of it may differ between districts due to case-by-case traditions of individual jurisdictions.
The US operates under a dual system of both common and civil law. The courts, for example, operate under common law. Common law marriages, which grant similar rights to married couples without a license, are an example of common law in action today.
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Federal courts
The US federal court system has three main levels: district courts, circuit courts, and the Supreme Court. There are 94 district courts, also known as trial courts, that handle trials and resolve disputes by determining the facts and applying the law to those facts. There are also 90 bankruptcy courts that help people and businesses get a fresh start.
The 13 circuit courts are the first level of appeal. They are divided into 12 regional circuits and one Federal Circuit. The Federal Circuit hears specific national jurisdiction cases, including patent lawsuits and appeals from the US Court of International Trade. The number of judges in each circuit ranges from six in the 1st Circuit to 29 in the 9th Circuit.
The US Supreme Court is the highest court in the United States and the final level of appeal in the federal system. It was created by Article III of the US Constitution, which also authorised Congress to pass laws establishing a system of lower courts. To file a lawsuit in federal court, one must allege a breach of federal law or the US Constitution—these are cases that raise a "federal question". The Supreme Court usually hears cases that have been appealed from lower courts.
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State courts
State judges are selected through various methods, including governor or legislature appointments or elections. In contrast, federal judges are nominated by the president.
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International courts
The PCIJ, which operated from 1922 to 1940, played a significant role in international jurisprudence. It was a permanent tribunal with public proceedings, accessible to all states. During its active years, the PCIJ handled 29 interstate disputes and issued 27 advisory opinions, contributing to the development and clarification of international law. The United States, despite playing a pivotal role in its establishment, never joined the PCIJ.
The ICJ is composed of fifteen judges who are elected for nine-year terms by the UN General Assembly and the UN Security Council. These judges are chosen from a list of nominees put forward by national groups within the Permanent Court of Arbitration. The election process ensures that judges are selected based on their moral character and expertise in judicial or international law domains. The ICJ's rulings can be enforced by the UN Security Council, although this is subject to the veto power of its permanent members.
In addition to the ICJ, the UN has been involved with various international tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). These ad hoc criminal tribunals were established by the UN Security Council to deliver justice for international crimes. The UN also actively engages with transitional justice and rule of law matters through its cooperation with the International Criminal Court (ICC), a permanent international criminal court established by the Rome Statute.
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Tribal courts
The funding for tribal courts comes from various sources, including tribal, state, and federal funding. Tribal funding is the primary source, covering court operations, salaries for judges and staff, and other related expenses. State and federal funding provide additional support, often in the form of training, technical assistance, and specific programs or initiatives. The Bureau of Justice Statistics' National Survey of Tribal Court Systems (NSTCS) helps gather administrative and operational information from tribal courts, contributing to a better understanding of tribal justice systems.
The relationship between tribal courts and the federal government has been complex and tense due to inconsistent policies towards Native American tribes. Despite these challenges, tribal courts remain an essential tool for indigenous resistance to western legal and cultural influence. They allow tribes to maintain their legal traditions and ensure that their communities' needs are met through direct control over their judicial systems.
Some tribes have developed hybrid judicial systems, blending formal processes with the dispute resolution elements of indigenous courts or Courts of Indian Offenses (CFR Courts). Tribes that do not have their own Tribal justice system can be served by CFR Courts, which operate under the Code of Federal Regulations. These courts apply tribal customs when consistent with the CFR and are governed by the Code of Federal Regulations 25 CFR Part 11, unless superseded by tribal laws and ordinances approved by the Assistant Secretary of Indian Affairs.
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Frequently asked questions
There are various types of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. The two major legal traditions in the western world are civil law courts and common law courts.
Civil law courts are based on Roman law, specifically a civil body of law called Corpus Juris Civilis. Civil law is a foundation of the French and German legal systems.
State courts are known as courts of general jurisdiction, meaning that one can raise any claim under state or federal law, except for those under the exclusive jurisdiction of federal courts. Federal courts, on the other hand, are courts of limited jurisdiction and can only hear cases authorized by the United States Constitution or federal statutes.
