Lore Rutz-Burri and Kate McLean

The Dual Court System

In the United States, each state has two complete, parallel court systems: the federal system, and the state’s own system. Thus, there are at least 51 legal systems in the country: the fifty created under state laws and the federal system created under federal law. Additionally, there are court systems in the U.S. Territories, and the military has a separate court system as well.

The state/federal court structure is sometimes referred to as the dual court system. State crimes, created by state legislatures, are prosecuted in state courts which are concerned primarily with applying state law. Federal crimes, created by Congress, are prosecuted in the federal courts which are concerned primarily with applying federal law. As discussed below, it is possible for a case to move from the state system to the federal system when a defendant challenges their conviction on direct appeal through a writ of certiorari, or when the defendant challenges the conditions of confinement through a writ of habeas corpus.

Dual Court System Structure

The Federal Court System  

Article III of the U.S. Constitution established a Supreme Court of the United States and granted Congress discretion as to whether to adopt a lower court system. It states the “judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Fearing that the state courts might be hostile to congressional legislation, Congress immediately created a lower federal court system in 1789. ^[1] The lower federal court system has been expanded over the years, such as when Congress created the separate appellate courts in 1891.

United States Supreme Court             

The United States Supreme Court, located in Washington, D.C., is the highest appellate court in the federal judicial system. Nine justices sitting en banc, as one panel, together with their clerks and administrative staff, make up the Supreme Court. [View the biographies of the current U.S. Supreme Court Justices here.  The Supreme Court’s decisions have the broadest impact of any court in the land, because they govern both the state and federal judicial system.  The nine justices have the final word in determining what the U.S. Constitution permits and prohibits, and it is most influential when interpreting the U.S. Constitution. Associate Justice of the Supreme Court, Robert H. Jackson, stated in Brown v. Allen, 344 U.S. 433, 450 (1953), “We are not final because we are infallible, but we are infallible only because we are final.” Although it is commonly thought that the U.S. Supreme Court has the final say, this is not one hundred percent accurate. After the Court has read written appellate briefs and listened to oral arguments, it will “decide” the case. However, it frequently refers or sends back cases to the originating state’s supreme court, so they can determine what their own state constitution holds. Similarly, as long as the Court has interpreted a statute and not the constitution, Congress can always enact a new statute which modifies or nullifies the Court’s holding.

United States Courts of Appeal 

Ninety-four judicial districts comprise the 13 intermediate appellate courts in the federal system known as the U.S. Courts of Appeal, sometimes referred to as the federal circuit courts. These courts hear challenges to lower court decisions from the U.S. District Courts located within the circuit, as well as appeals from decisions of federal administrative agencies, such as the social security courts or bankruptcy courts. There are twelve circuits based on geographic locations and one federal circuit which has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims. The smallest circuit is the First Circuit, with six judgeships, and the largest court is the Ninth Circuit, with 29 judgeships. Appeals court panels consist of three judges.  A full court will occasionally convene en banc and only after a party who has lost in front of the three-judge panel requests review. Because the Circuit Courts are appellate courts which review trial court records, they do not conduct trials and, thus, they do not use a jury.

The U.S. Courts of Appeal, like the U.S. Supreme Court, trace their existence to Article III of the U.S. Constitution. These courts are busy, and there have been efforts to both fill vacancies and increase the number of judgeships to help deal with the caseloads.  For example, the Federal Judgeship Act of 2013 would have created five permanent and one temporary circuit court judgeships, in an attempt to keep up with increased case filings. However, the bill died in Congress. Fortunately, in recent years, fewer cases have been filed.

United States District Courts

The U.S. District Courts, also known as “Article III Courts”, are the main trial courts in the federal court system.  Congress first created these U.S. District Courts in the Judiciary Act of 1789. Now, ninety-four U.S. District Courts, located in the states and four territories, handle prosecutions for violations of federal statutes. Each state has at least one district, and larger states have up to four districts. (Pennsylvania, for example, has three U.S. district courts). Each district court is described by reference to the state or geographical segment of the state in which it is located (for example, the U.S. Court for the Western District of Pennsylvania). The district courts have jurisdiction over all prosecutions brought under federal criminal law and all civil suits brought under federal statutes. A criminal trial in the district court is presided over by a judge who is appointed for life by the president with the consent of the Senate.  Trials in these courts may be jury trials.

Although the U.S. District Courts are primarily trial courts, district court judges also exercise an appellate-type function in their review of petitions for writs of habeas corpus brought by state prisoners. Writs of habeas corpus are claims by state and federal prisoners who allege that the government is illegally confining them in violation of the federal constitution. The party who loses at the U.S. District Court can appeal the case to the court of appeals for the circuit in which the district court is located. These first appeals must be reviewed, and thus are referred to as appeals of right.

United States Magistrate Courts

U.S. Magistrate Courts are courts of limited jurisdiction in the federal court system, meaning that these legislatively-created courts do not have full judicial power. Congress first created the U.S. Magistrate Courts with the Federal Magistrate Act of 1968. Under the Act, federal magistrate judges assist district court judges by conducting pretrial proceedings, such as setting bail, issuing warrants, and conducting trials of federal misdemeanor crimes. There are more than five hundred Magistrate Judges who dispose of over one million matters each year.

U.S. Magistrate Courts are “Article I Courts” as they owe their existence to an act of Congress, not the Constitution. Unlike Article III judges who hold lifetime appointments, federal Magistrate Judges are appointed for eight-year terms.