Courts in the United States

Article Outline

Introduction; Development of Courts in the United States; Federal Courts; State Courts; Challenges Facing the Courts

Courts of Appeals

The 13 U.S. courts of appeals hear appeals from judgments and orders of the U.S. district courts and from many federal administrative agencies, such as the Environmental Protection Agency. Of the 13 courts of appeals, 12 are located in federal geographic units known as circuits. The states are grouped into 11 circuits, with no state divided between circuits; the formal names for these courts are the U.S. Court of Appeals for the First Circuit, the U.S. Court of Appeals for the Second Circuit, and so on through the 11th circuit. The 12th and smallest circuit—the District of Columbia Circuit—is in Washington, D.C. The 13th circuit court, the U.S. Court of Appeals for the Federal Circuit, is not defined geographically but is instead specialized by subject. It hears appeals in cases involving international trade, patents, trademarks, money claims against the United States, and veterans affairs.

Congress has authorized approximately 150 federal appeals court judgeships. Their numbers range from 6 in the First Circuit (Maine, New Hampshire, and Massachusetts) to 28 in the Ninth Circuit, the largest circuit (seven Western states, including California). The judges within a circuit are divided into rotating three-judge panels when deciding cases. Occasionally all the judges of the circuit may sit en banc (together) to decide a case.

The term circuit derives from the original structure of these courts. Under the Judiciary Act of 1789, trials of certain cases were required to be held before three-judge circuit courts consisting of two Supreme Court justices and the federal trial judge in the district court. In addition to their regular duties, Supreme Court justices were required to ride circuit, traveling from district to district within their assigned circuit, often covering great distances. In 1891 Congress established the modern courts of appeals and abolished Supreme Court circuit riding.

The Supreme Court

The Supreme Court, which consists of nine justices, is the highest court in the United States. It therefore has the final word on the most important constitutional and legal issues and establishes precedents that guide lower courts. It can hear appeals of cases from the U.S. courts of appeals and state supreme courts, so it has power to shape constitutional and federal law for the nation and to ensure that the states abide by constitutional and federal law.

Courts of Special Jurisdiction

In addition to the district and appeals courts, Congress has established several specialized courts to hear particular types of cases. These include the U.S. Tax Court and the U.S. Court of Federal Claims, which hears claims against the United States (except personal injury and other tort cases, which can be filed in the district courts). The U.S. Court of Federal Claims also has jurisdiction to hear claims involving land and related disputes among Native American tribes. Other courts include the Court of International Trade; the U.S. Court of Veteran Appeals; and the U.S. Court of Military Appeals, which hears appeals from general courts-martial (see Military Court). Judges on many of these courts are appointed by the president and confirmed by the Senate, but they serve for limited terms, not for a lifetime.

Territorial Courts

Congress has established district courts in the various territories of the United States, including Guam and the Virgin Islands. These courts have the same federal jurisdiction as other U.S. district courts, but in addition hear cases involving local matters that in the United States are heard by state courts.

State Courts

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The vast majority of legal cases in the United States are decided in state courts. In every state the purpose of the courts is the same: to prosecute crimes and settle disputes. However, the states differ broadly in how their court systems are organized. Every state arranges its courts in a hierarchy similar to the federal system. Trial courts try cases, intermediate appellate courts consider appeals from trials, and supreme courts hear further appeals. But in many states the trial court system is not unified—that is, the common law and equity courts have not been merged and a single court cannot provide both common law and equitable remedies. An example of an equitable remedy is an injunction—a court order directing a defendant to act or refrain from acting in a certain way.

Within a state’s court system many different courts, with specialized jurisdiction, present a bewildering maze for lawyers and their clients. For example, New York City has 11 separate trial courts, each operating under different rules but often with overlapping jurisdiction. These include a general trial court to try felony criminal prosecutions and major civil cases, a Family Court, a Surrogate’s Court to administer wills, a Civil Court for cases valued at less than $25,000, and a Housing Court to handle landlord-tenant disputes.

Historically, judges on many state courts—including state supreme courts—have been elected and serve for various terms, some as long as 15 years. In an attempt to reduce the influence of politics on the courts, many states now require the governor to appoint judges. In many states, the initial appointment is for a period of years (ranging from 1 to 14), after which a retention election is held. Beginning in the 1980s, many governors asked panels of attorneys and others to provide lists of candidates from which to make their selections. By longstanding tradition all judges appointed to the federal courts are lawyers, but some judges on smaller, limited-jurisdiction state courts are not. In many states, for example, lay judges serve on rural traffic courts and as justices of the peace.