In the federal system, these are the United States district courts (first instance), the United States appellate courts (appellate), and U.S. state court systems that often have a similar structure, with trial courts (such as district or circuit courts), intermediate appellate courts, and a state supreme court. These three branches (legislative, executive and judicial) operate within a constitutional system of “checks and balances”. This means that, while each power is formally separated from the other two, the Constitution often requires cooperation between the powers. Federal laws, for example, are approved by Congress and signed by the president.
The judiciary, in turn, has the authority to decide the constitutionality of federal laws and to resolve other cases related to federal laws. However, judges rely on the executive branch to enforce judicial decisions. The Constitution and laws of each state establish state courts. A court of last resort, often referred to as the Supreme Court, is usually the highest court.
Some states also have an intermediate appellate court. Beneath these appellate courts are state trial courts. Some are called circuit or district courts. Federal laws that refer to the courts of the United States refer only to the courts of the federal government and not to the courts of individual states and counties. Because of the federalist foundations of the division between federal and state sovereign governments, different state judicial systems are free to function in ways that vary considerably from those of the federal government and from different judicial systems to each other.
In practice, however, each state has adopted a division of its judiciary into at least two levels, and nearly all states have three levels, with trial courts hearing cases that can be reviewed by appellate courts and, eventually, by a state supreme court. A few states have two separate supreme courts, one with authority over civil matters and the other with jurisdiction over criminal cases. Three states do not grant the right to a first appeal. Rather, they grant litigants only the right to request the right to have an appeal heard.
In total, there are nearly 1770 authorized judges in the 209 courts of the federal judicial system. Cases that are completely based on state law can be brought before a federal court under the court's “diversity jurisdiction”. The court accepts and hears arguments in approximately 80 cases per injunction and resolves 100 or more cases without hearing arguments. Once the circuit court or state supreme court has ruled on a case, either party can choose to appeal to the Supreme Court.
The trial court's basic job is to resolve disputes by determining the facts and applying legal principles to decide who is right. The cabinet-level position of United States Attorney General is the highest-ranking member of the U.S. Department of Justice. The court system, whether state or federal, begins with a trial court, whose work can be reviewed by an appellate court, and ends with the court of last resort, which can review the work of the lower courts.
Any case can be appealed to the district court once the district court has made a final decision (some issues can be appealed before a final decision is taken through an “interlocutory appeal”).). Under the Constitution, the president appoints men and women to serve in federal district courts, appellate courts, and the United States. The parties file “briefs” with the court, arguing why the trial court's decision must be “confirmed” or reversed. The federal district court is the starting point for any case that arises under federal laws, the Constitution, or treaties.
District court decisions are appealed to circuit courts, and appeals against district court decisions are heard by the Supreme Court of the United States. Senators are also responsible for recommending candidates for president for appointment in the federal courts of their respective states. The Judiciary Committee of the United States House of Representatives considers and recommends legislation relating to the judiciary. For example, if a state's highest court (usually the state's supreme court) decided a First Amendment free speech case, the case could be appealed to the federal Supreme Court. In addition, the Federal Circuit Court of Appeals has national jurisdiction over very specific issues, such as patents.
