In Civics you met the federal courts as one branch of government. Now we look at them as a lawyer does: which court hears what, which judges hold which offices, and how a case climbs from one level to the next.
Key idea
The Article III courts are 94 district courts (trial courts), 13 courts of appeals (12 regional circuits plus the Federal Circuit) and the Supreme Court. Their judges serve "during good Behaviour," which means for life unless removed by impeachment, and their pay cannot be cut. Congress has also created judges without life tenure, such as bankruptcy judges and magistrate judges.
| Court | Number | What it does |
|---|---|---|
| District courts | 94: 89 in the states, plus D.C., Puerto Rico, Guam, the Virgin Islands and the Northern Mariana Islands | trial courts: witnesses, evidence, juries; at least one in every state |
| Courts of appeals | 13: the First through Eleventh Circuits, the D.C. Circuit and the Federal Circuit | hear appeals from district courts and some agencies, usually in panels of three judges |
| Supreme Court | 1, with nine justices | hears appeals it chooses by writ of certiorari, plus a few cases in its original jurisdiction, such as suits between states |
| Specialized courts | for example the Court of International Trade and the Court of Federal Claims | trade cases; money claims against the United States |
Why it works
Article III gives the judicial power to "one supreme Court" and to lower courts that Congress chooses to create. The Constitution protects the judges' independence with tenure during good behavior and protected pay, so they can rule against the President or Congress without fear for their jobs. Congress built the lower courts in layers so that every party gets one appeal as of right (to a court of appeals), while the Supreme Court can choose the cases that matter most for national law. It reviews only a small share of the thousands of petitions it receives each year; by custom, four of the nine justices must vote to grant review (the rule of four).
Worked example: Trace an appeal
A company loses a patent case in the federal district court in Delaware. Where does it appeal, and then where?
- Most appeals go to the regional circuit (for Delaware, the Third Circuit).
- But patent appeals go to the Federal Circuit, which hears certain subjects nationwide.
- After that, the loser may petition the Supreme Court for certiorari, which it may grant or deny.
Answer: To the Federal Circuit, then a petition for certiorari to the Supreme Court.
Worked example: From a state court
The highest court of Ohio decides a case under Ohio contract law. Can the losing party appeal to the U.S. Supreme Court?
- The U.S. Supreme Court may review state court decisions only on questions of federal law (the Constitution, federal statutes, treaties). It confirmed this power in Martin v. Hunter's Lessee (1816).
- A pure question of Ohio law has no federal question in it.
- The Ohio Supreme Court has the last word on Ohio law.
Answer: No, unless the case also raises a federal question.
Common mistake
Thinking federal courts are "higher" than state courts in every matter. They are separate systems. A state supreme court is the final authority on its state's law, and federal district courts do not review state courts. The only link at the top is the U.S. Supreme Court, and only on federal questions. Check: is the question about federal law? If not, the state's highest court is the end of the line.
This is an educational course, not legal advice.