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FAQs
The United States has two separate court systems - the
federal court system and the state court system
of each of the 50 states.
The federal court system is established by Article III of the U.S. Constitution; state court systems are established by their respective state constitutions.
The federal courts hear cases that arise under the U.S. Constitution, federal laws and regulations, and treaties. The state courts hear cases concerning issues that are neither preempted by the federal courts nor denied to the states by the U.S. Constitution. The federal courts do not hear cases that deal exclusively with matters which the Constitution reserves to the states.
Federal judges are nominated by the President and confirmed with the advice and consent of the Senate. They hold office during good behavior, typically for life. States select judges in different ways—election, appointment, or a combination of systems.
There are three levels of courts in the federal court system -- U.S. District Courts, U.S. Courts of Appeal, and the U.S. Supreme Court.
The U.S. District Courts are courts of original jurisdiction. This means that these courts hear both criminal and civil cases. There are 94 U.S. District Courts in the United States—at least one U.S. District Court in every state. Some larger states, such as California and Texas, have as many as four.
When a jury is present in either a criminal or civil trial, it decides the facts of the case and the judge determines the law. When a jury is not present, the judge is both the trier of fact and the determiner of law. In the federal court system, civil juries usually consist of six persons; criminal juries consist of 12. Criminal juries must deliver a unanimous verdict in order to convict. They must find the defendant guilty "beyond a reasonable doubt." In order to find someone liable in a civil case, a civil jury must base its decision only on a "preponderance of the evidence"—meaning that one party's story seems more true than not.
The U.S. Circuit Courts of Appeals are courts of appellate jurisdiction. This means that if a party is not satisfied with the decision of the U.S. District Court, it may seek relief from this court. There are 13 U.S. Circuit Courts of Appeals in the United States, and most of these courts cover a geographical area that encompasses several states. Usually, a three-judge panel sits on a U.S. Circuit Court of Appeals.
The U.S. Supreme Court is the highest court in the land. It consists of nine judges, called justices, and is presided over by the Chief Justice. The Court usually hears appeals from the U.S. Circuit Courts of Appeals and, if a federal question has been raised, from the various state courts of last resort. Unlike the U.S. Circuit Courts of Appeals, the U.S. Supreme Court has "discretionary jurisdiction," meaning that it decides which cases it will hear. In fact, it usually decides to hear fewer than 150 of the some 7,000 cases that it is asked to review each year.
If the U.S. Supreme Court has spoken on a constitutional issue, its decision is final barring (1) a constitutional amendment to overturn its decision or (2) a later decision of the Court overruling a previous decision. However, if the Court has interpreted an Act of Congress, the Congress may alter the Court's decision by changing the law.