Download Why Are There Two Court Systems in the United States

Why Are There Two Court Systems in the United States?
The U.S. Constitution created a governmental structure for the United States known as federalism. Under the principles of federalism in
Article 1, Section 4 and the 10th amendment states maintain sovereignty in its own right. Both the federal and state governments need
their own court systems to apply and interpret their laws. Furthermore, both the federal and state constitutions attempt to do this by
specifically spelling out the jurisdiction of their respective court systems.
For example, since the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack
jurisdiction in this matter. Likewise, since the Constitution does not give the federal government authority in most matters concerning the
regulation of the family, a federal court would lack jurisdiction in a divorce case. This is why there are two separate court systems in
America. The federal court system deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S.
Constitution, while the state court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the
federal government or explicitly deny to the states.
Differences in the Structure of the Federal and State Court Systems
Federal Court System
The U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are governed by Article III of the US Constitution.
They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. These courts are of general
jurisdiction can hear almost any case. All judges of these courts are appointed by the President of the United States with the confirmation of
the United States Senate.
U.S. District Courts
There are 94 U.S. District Courts in the United States. Every state has at least one district court, and some large states, such as California,
have as many as four. Each district court has between 2 and 28 judges. The U.S. District Courts are trial courts, or courts of original
jurisdiction. This means that most federal cases begin here. U.S. District Courts hear both civil and criminal cases. In many cases, the
judge determines issues of law, while the jury (or judge sitting without a jury) determines findings of fact.
U.S. Circuit Courts of Appeal
The US Courts of Appeal are divided into 12 regional circuits and sit in various cities throughout the country. The U.S. Court of Appeals for
the Federal Circuit (the 13th Court) sits in Washington. With the exception of criminal cases in which a defendant is found not guilty, any
party who is dissatisfied with the judgment of a U.S. District Court (or the findings of certain administrative agencies) may appeal to the U.S.
Circuit Court of Appeal in his/her geographical district. These courts will examine the trial record for only mistakes of law; the facts have
already been determined by the U.S. District Court. Therefore, the court usually will neither review the facts of the case nor take any
additional evidence. When hearing cases, these courts usually sit in panels of three judges.
U.S. Supreme Court
The Supreme Court of the United States sits at the top of the federal court system. It is made up of nine judges, known as justices, and is
presided over by the Chief Justice. It sits in Washington, D.C. Parties who are not satisfied with the decision of a U.S. Circuit Court of
Appeal (or, in rare cases, of a U.S. District Court) or a state supreme court can petition the U.S. Supreme Court to hear their case. This is
done mainly by a legal procedure known as a Petition for a Writ of Certiorari (cert.). The Court decides whether to accept such cases.
Each year, the Court accepts between 100 and 150 of the some 7,000 cases it is asked to hear for argument. Four justices must agree to
hear the case (grant cert). While primarily an appellate court, the Court does have original jurisdiction over cases involving ambassadors
and two or more states.
Ohio Court System
No two state court systems are exactly alike. Ohio’s court system consists of the following courts three sets of trial courts:
a Court of Common Pleas with a General Division (civil and criminal trials), Domestic Relations Division (divorces and
custody issues), Juvenile Division (all cases involving minors) and Probate Division (estates, adoptions and marriages)
and Municipal Courts (misdemeanor offenses, traffic, small claims) and Court of Claims (cases against the state) A Court
of Appeals (12 courts in Ohio) and the Ohio Supreme Court are also included in the court structure. Unlike federal judges,
Ohio’s state court judges are not appointed for life but are elected for a certain number of years. All judges in Ohio must
be under the age of 70 prior to their election.
Ohio Court of Appeals
The 12 Ohio Court of Appeals which consist of 69 judges review court files and transcripts to decide if legal due process
errors were made in Common Pleas Court.
Ohio Supreme Court
The Ohio Supreme Court consists of 7 justices who have practiced law or been a judge for 6 years and a member of the
Ohio Bar. They serve a 6 year terms and are chosen through an election of the citizens of Ohio. While the Ohio Supreme
Court operates in a manner similar to the US Supreme Court in reviewing issues of constitutionality and application of law
they also review all death penalty cases. In addition they review disciplinary cases against Ohio judges and lawyers.
Court Jurisdiction
State Courts
Federal Courts
State or Federal Courts
Crimes under state legislation.
Crimes under statuses enacted by congress. Crimes punishable under both federal and
State constitutional issues and cases
Most cases involving federal laws or
involving state laws or regulations.
regulations (for example: tax, Social Security, Federal constitutional issues.
Family law issues.
Real property issues.
Most private contract disputes (except those
resolved under bankruptcy law).
broadcasting, civil rights)
Matters involving interstate and international
commerce, including airline and railroad
Cases involving securities and commodities
Certain d
corporations.
Most professional malpractice issues.
Admiralty cases.
Most issues involving the internal governance International trade law matters.
Most personal injury lawsuits.
Patent, copyright, and other intellectual
property issues.
Cases involving rights under treaties, foreign
Most workers' injury claims.
states, and foreign nationals.
Probate and inheritance matters.
State law disputes when "diversity of
Most traffic violations and registration of
motor vehicles.
"Class action" cases.
Environmental regulations.
and professions.
partnerships and corporations.
Certain civil rights claims.
regulation.
Most issues involving the regulation of trades regulation, including takeover of publicly held
of business associations such as
state law.
citizenship" exists.
Bankruptcy matters.
Disputes between states.
Habeas corpus actions.
Traffic violations and other misdemeanors
occurring on certain federal property.