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The Court System

The courts are divided into state and federal systems, each with its own hierarchical structure. You will want to discuss with your attorney in which court system you should file your claims. 

State court systems typically consist of three tiers:

  1. Municipal, city, or regional courts — These trial courts (courts of "limited jurisdiction") are usually confined to civil suits involving relatively small amounts of money and to minor violations of the law. For instance, cases involving minor traffic violations are heard in these trial courts. About 100 million cases go through these courts annually. 
  2. District, superior, or circuit courts — These courts (courts of "general jurisdiction") are distributed geographically throughout the state for convenience and usually involve more serious civil and criminal claims such as felony prosecutions and major civil trials. More than 10 million cases are filed in these courts annually. 
  3. Appellate courts — These courts, known as the "courts of last resort," do not re-try cases, but rather review the record of the proceedings from earlier trials to determine whether or not the lower court committed an error with its decision. State supreme appellate courts typically consist of five to nine members who rule as a panel. 

The U.S. federal court system also provides a three-tier structure:

  1. District courts — The United States is divided into 91 federal judicial districts (excluding the District Courts of the Virgin Islands and Guam). Every state has at least one federal district. The cases typically include those in which (a) the United States is a party; or (b) a federal or constitutional issue is brought. Trials are presided over by individual judges. The parties in most federal civil trials are entitled to juries. 
  2. Courts of appeals — The federal system is further divided into 13 appellate courts located geographically throughout the country:

    1st Circuit Court — Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico
    2nd Circuit Court — Connecticut, New York, Vermont
    3rd Circuit Court — Delaware, New Jersey, Pennsylvania, Virgin Islands
    4th Circuit Court — Maryland, North Carolina, South Carolina, Virginia, West Virginia
    5th Circuit Court — Louisiana, Mississippi, Texas
    6th Circuit Court — Kentucky, Michigan, Ohio, Tennessee
    7th Circuit Court — Illinois, Indiana, Wisconsin
    8th Circuit Court — Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
    9th Circuit Court — Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Northern Mariana Islands, Guam
    10th Circuit Court — Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
    11th Circuit Court — Alabama, Florida, Georgia
    DC Circuit Court 
    Federal Circuit Court 

    There are approximately 150 federal appeals court judgeships, with six to 28 judges in each circuit. Judges within each circuit court are divided into rotating three-judge panels. On very rare occasions, the entire appellate court will hear a case (called "en banc").
  3. Supreme Court — The U.S. Supreme Court only accepts a small percentage of the cases from the thousands of petitions received each year. (Of the more than 5,000 cases appealed to the Court annually, it can hear no more than 150.) Cases usually involve conflicts over legal interpretations and have a significant importance to federal law. The court can hear appeals of cases from U.S. courts of appeal and state supreme appellate courts. To request that the Supreme Court hear a case, a party must submit a "petition for a writ of certiorari." Typically, four or more justices must agree to hear the case to "grant certiorari" to the petitioner. If the Supreme Court denies a petition, the lower circuit court decision stands.

 

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