Levels of the Courts Handout

Levels of Federal Courts 

United States Supreme Court 

Article III of the Constitution states “the judicial power of the United States shall be vested in one Supreme Court.” The Supreme Court holds supreme authority and is the final reviewer of federal cases. It possesses “original jurisdiction,” or the authority to be the first court to hear a case when it involves “ambassadors, other public ministers and consuls.” It also possesses both original jurisdiction and “exclusive jurisdiction,” or being the only court with the power to hear cases between two or more state governments or a state and the federal government. Usually, the Supreme Court hears cases upon appeal after a lower court makes the initial decision. Of the thousands of cases that litigants appeal to the Supreme Court each year, only about 50-90 make it to the Court.

United States Courts of Appeals 

The Constitution only specifically requires that a Supreme Court exist in the United States judiciary system. However, Article III gives Congress the authority to create lower federal courts as it sees fit. The first Congress passed the Judiciary Act of 1789, which created federal district courts and federal courts of appeal. Currently, there are 13 courts of appeals in the country.  

The courts of appeals hear cases upon appeal after a U.S. district court makes a ruling. Courts of appeals are unique because there is no new evidence presented, witness testimony, or jury. Instead, they are asked by the losing side from the lower court to review if the trial proceedings were followed correctly or if the law was applied correctly. The 13 courts of appeals hear thousands of cases each year, of which only a tiny handful are successfully appealed to the Supreme Court. Thus, the appeals courts have the final say on many federal legal issues and hold considerable power.

United States District Courts 

U.S. district courts are the lowest-level federal courts. In total, there are 94 districts encompassing the fifty states and U.S. territories. These courts are trial courts, where evidence is presented, witnesses testify, and a jury makes a decision. District court judges hold the same power as those on appeals courts and the Supreme Court to strike down laws as unconstitutional through their power of judicial review. District Courts hear tens of thousands of civil and criminal cases each year.