A Typical State Judicial System

	HIGHEST-LEVEL APPELLATE COURT		(A state's highest court) (Usually called the State Supreme Court; some­times called the Court of Appeals or the Supreme Judicial Court)
Typically, 5 to 9 judges
INTERMEDIATE APPELLATE OR REVIEWING COURTS		(Found in 41 of the 50 states)
Generally, 3 judges per Panel
TRIAL COURTS General Jurisdiction		(Called, for example, Circuit Courts or Superior Courts)
LAW EQUITY
(Usually presided over by judges, although some states have justices of the peace or magistrates)
LOWER TRIAL COURTS Nonjury – Limited Jurisdiction

Federal Courts

The hierarchical structure of federal courts is comparable to that of the various state court systems.

At the bottom rung are 94 U.S. district courts *, which are trial courts. In each state there is at least one federal district court. Each district court may include any number of judges, one of whom will hear a particular case.

If a party wishes to appeal the district court's judgement, he/she brings the case before the appeals court, the circuit court**, for that district.

The federal courts are divided into eleven geographic circuits, plus a circuit for Washington, D.C. [District of Columbia] and a federal circuit. Each circuit generally covers the federal district courts in several states. (The one exception is Wash­ington, D.C., which, because of its heavy volume of work, for example, in admin­istrative law, has its own circuit.)

Lastly, appeals from circuit court decisions (or from holdings of the highest court of the state) may be heard by the U.S. Supreme Court. In a few cases, a party has an absolute right of appeal. Supreme Court review by appeal is a matter of right when:

(1) a state court declares a treaty or federal statute invalid or holds that a state
law does not violate a treaty, the U.S. Constitution, or federal statutes; or

(2) a federal court

(a) decides that a state law violates federal law; or

(b) if the federal government or its employees are parties, rules that a
Congressional statute is unconstitutional.

In most cases, however, it is within the sole discretion of the Supreme Court whether to hear an appeal. Usually the case must involve a federal question (e.g., about the U.S. Constitution and/or a federal statute).

* district court – a trial court having general jurisdiction within its judicial district.

** circuit court – a court usually having jurisdiction over several counties, districts, or states, and holding sessions in all those areas.

The following chart gives an overview of the structure of the federal courts.

Level 1: U.S. District Court 1. Made up of trial courts of original jurisdiction; ninety-four districts (including the District of Columbia and the territories) 2. One judge and, if desired, a jury 3. Appeal as a matter of right   Level 2: U.S. Courts of Appeal 1. Thirteen courts of appellate jurisdiction in the various circuits 2. Bank (also referred to as a panel) of three judges 3. Appeal to U.S. Supreme Court only at request to the U.S. Supreme Court for review Level 3: U.S. Supreme Court 1. Nine members; nominated by the president and confirmed by the Senate; may serve for life 2. Appellants must petition for asking the Court to hear the appeal 3. No appeal is possible. Supreme Court decisions are binding in all jurisdictions in the United States. However, the Supreme Court may overrule its own earlier decisions

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