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The American Court System

There are two types of courts that function in the American criminal justice system: state courts and federal courts.

This dual-court system is the result of the general agreement among the nation's founders about the need to have states have significant legislative authority and judicial autonomy separate from federal control.

The History and Structure of the American Court System

By Taylor Novak

The History of the Federal Court System

The History of the State Court System

  • Although state courts evolved from early colonial arrangements, the federal courts were created by the U.S. Constitution.
  • Federal Courts mainly use their jurisdiction over cases arising under the Constitution, federal laws, and treaties. This also includes settling disputes between states and to have jurisdiction in cases where one of the parties is a state.
  • Today's federal court system is the result of the culmination of a series of congressional mandates, that have been made to continue the duties envisioned by the Constitution.
  • The more evident federal statutes that have contributed to today's structure include the Judiciary Act of 1789, the Judiciary Act of 1925, and the Magistrate's Act of 1968.
  • As a result of historical events and decisions, today's federal court system consists of (1) U.S. district courts, (2) U.S. courts of appeal, and (3) the U.S. Supreme Court.
  • Naturally, each of the original American colonies had its own court system for resolving disputes, either civil or criminal.
  • However, this changed in 1629 when the Massachusetts Bay Colony created a General Court, which a combined legislature and court that made laws, held trials, and imposed sentences.
  • Eventually by 1776, all of the colonies had established fully functioning court systems.
  • Although, during the time, there was no distinction between original jurisdiction and appellate jurisdiction, but during the late 19th century there was a major increase in civil litigation and criminal arrests due mostly to expansion to the West which caused the courts to increase the variety of courts and trials that went on as time went on.
  • State court systems developed by adopting many systems from the New York State Field Code of 1848 to the Reorganization Act of 1801. (Note that many of the systems that were developed were dissolved due to being constantly amended or out of date.
  • The system that we know today follows a three-tiered structure of (1) trial courts of limited jurisdiction, (2) trial courts of general jurisdiction, and (3) appellate courts.

The Structure of the Federal Court System

The Structure of the State Court System

  • The structure of the Federal Courts starts at the top with the Supreme Court of the United States (composed of 9 Justices (with 1 Chief Justice)).
  • The next one down is the United States Courts of Appeals (there are 12 Circuits), the United States Courts of Appeals for the Federal Circuit, and the United States Courts of Military Appeals.
  • Then, it branches off between the Courts of Appeals.
  • Under the United States Courts of Appeals is the 94 District Courts, including 3 Territorial Courts (basic federal trial courts), and the United States Tax Court.
  • Under the United States Courts of Appeals for the Federal Circuit is the United States Court of International Trade, the United States Claims Court, and the United States Court of Veterans Appeals.
  • Finally, under the United States Courts of Military Appeals is the Army, Navy, Marine Corps, Air Force, and Coast Guard Courts of Military Review.
  • At the top is the Court of Last Resort (State Supreme Court), who is authorized by law to hear the final appeal on a matter.
  • Next one down is the Intermediate Appellate Court(s), which are only used in 39 of the 50 States.
  • The Trial Courts of General Jurisdiction is second from the bottom, which is composed of superior courts, circuit courts, and courts of common pleas.
  • The bottom of the system and the first to hear the appeal on a matter is the Trial Courts of Limited Jurisdiction (Lower Courts), and examples of these types of courts are district courts, municipal and magistrates courts, and etc.
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