Article III creates "one supreme Court" and lets Congress set up "such inferior Courts as the Congress may from time to time ordain and establish." Congress began with the Judiciary Act of 1789. Today the federal courts have three main levels, and every state has its own courts beside them.
| Level | How many | What it does |
|---|---|---|
| U.S. District Courts | 94 (at least one in every state, plus D.C. and Puerto Rico and three territories) | Trial courts: witnesses testify, juries decide facts, one judge presides |
| U.S. Courts of Appeals | 13: 12 regional circuits plus the Federal Circuit | Review trial records for legal errors, usually in panels of three judges; no new witnesses |
| Supreme Court of the United States | 1 (nine justices) | Chooses a small number of cases, mostly to settle important questions of federal law |
Why it works
Why three levels? A trial finds the facts once. An appeal lets a second court check that the law was applied correctly, and a single high court keeps federal law the same across the country. Because the Supreme Court takes only about 60 to 80 cases a year from several thousand requests, the court of appeals is the last stop for almost every federal case. Most cases in the country never enter federal court at all: crimes, traffic, family and contract cases under state law go to state courts.
Federal courts may hear only the kinds of cases Article III and Congress allow. The main ones are:
- Federal questions: cases under the Constitution, federal laws and treaties.
- The United States as a party: for example, a federal prosecution.
- Diversity cases: suits between citizens of different states, when more than 75,000 dollars is at stake (the amount Congress has set).
- Cases between states and cases about ambassadors, which the Supreme Court may hear first (its original jurisdiction).
Key idea
Three levels: 94 district courts (trials), 13 courts of appeals (review), and the Supreme Court. Federal courts hear federal questions, cases involving the United States, cases between states and certain cases between citizens of different states.
Worked example: Which court first?
A company in Ohio is charged with breaking a federal clean-water law. Where does the trial happen, and where would an appeal go?
- A federal law is involved, so this is a federal case.
- Trials happen in a U.S. District Court (here, one in Ohio).
- Ohio is in the Sixth Circuit, so an appeal goes to the U.S. Court of Appeals for the Sixth Circuit.
- After that, the company could ask the Supreme Court to hear it, but the Court may say no.
Answer: A U.S. District Court in Ohio; then the Sixth Circuit Court of Appeals.
Worked example: State or federal?
Two neighbors in Texas argue over a fence line, under Texas property law. Which court system hears it?
- No federal law or constitutional question is involved.
- Both live in the same state, so there is no diversity case.
- Property law is state law.
Answer: A Texas state court.
Common mistake
Thinking the Supreme Court hears most appeals. It agrees to hear only about 1 percent of the cases people ask it to take. For nearly every federal case, the court of appeals has the final word. Check: if a question says "most federal appeals end in…," the answer is the courts of appeals.