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View the infographic and website below to visualize the hierarchical and dual process of the US judicial system. In this article you can read about how the dual system works.

Citation:
Lumen. (n.d.). The Dual Court System. Lumen Learning. https://courses.lumenlearning.com/atd-baycollege-americangovernment/chapter/the-dual-court-system/

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Learning Objectives

By the end of this section, you will be able to:

Describe the dual court system and its three tiers

Explain how you are protected and governed by different U.S. court systems

Compare the positive and negative aspects of a dual court system

Before the writing of the U.S. Constitution and the establishment of the permanent national judiciary under Article III, the states had courts. Each of the thirteen colonies had also had its own courts, based on the British common law model. The judiciary today continues as a dual court system, with courts at both the national and state levels. Both levels have three basic tiers consisting of trial court s, appellate court s, and finally courts of last resort, typically called supreme courts, at the top.

To add to the complexity, the state and federal court systems sometimes intersect and overlap each other, and no two states are exactly alike when it comes to the organization of their courts. Since a state's court system is created by the state itself, each one differs in structure, the number of courts, and even name and jurisdiction. Thus, the organization of state courts closely resembles but does not perfectly mirror the more clear-cut system found at the federal level. Still, we can summarize the overall three-tiered structure of the dual court model and consider the relationship that the national and state sides share with the U.S. Supreme Court.

Cases heard by the U.S. Supreme Court come from two primary pathways: (1) the circuit courts, or U.S. courts of appeals (after the cases have originated in the federal district courts), and (2) state supreme courts (when there is a substantive federal question in the case). In a later section of the chapter, we discuss the lower courts and the movement of cases through the dual court system to the U.S. Supreme Court. But first, to better understand how the dual court system operates, we consider the types of cases state and local courts handle and the types for which the federal system is better designed.

Courts and Federalism

Courts hear two different types of disputes: criminal and civil. Under criminal law, governments establish rules and punishments; laws define conduct that is prohibited because it can harm others and impose punishment for committing such an act. Crimes are usually labeled felonies or misdemeanors based on their nature and seriousness; felonies are the more serious crimes. When someone commits a criminal act, the government (state or national, depending on which law has been broken) charges that person with a crime, and the case brought to court contains the name of the charging government, as in Miranda v. Arizona discussed below.

On the other hand, civil law cases involve two or more private (non-government) parties, at least one of whom alleges harm or injury committed by the other. In both criminal and civil matters, the courts decide the remedy and resolution of the case, and in all cases, the U.S. Supreme Court is the final court of appeal.

This site provides an interesting challenge: Look at the different cases presented and decide whether each would be heard in the state or federal courts. You can check your results at the end.

Although the Supreme Court tends to draw the most public attention, it typically hears fewer than one hundred cases every year. In fact, the entire federal side-both trial and appellate-handles proportionately very few cases, with about 90 percent of all cases in the U.S. court system being heard at the state level. The several hundred thousand cases handled every year on the federal side pale in comparison to the several million handled by the states.

State courts really are the core of the U.S. judicial system, and they are responsible for a huge area of law. Most crimes and criminal activity, such as robbery, rape, and murder, are violations of state laws, and cases are thus heard by state courts. State courts also handle civil matters; personal injury, malpractice, divorce, family, juvenile, probate, and contract disputes and real estate cases, to name just a few, are usually state-level cases.

The federal courts, on the other hand, will hear any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states. Cases arising from activities across state lines (interstate commerce) are also subject to federal court jurisdiction, as are cases in which the United States is a party. A dispute between two parties not from the same state or nation and in which damages of at least $75,000 are claimed is handled at the federal level. Such a case is known as a diversity of citizenship case.

However, some cases cut across the dual court system and may end up being heard in both state and federal courts. Any case has the potential to make it to the federal courts if it invokes the U.S. Constitution or federal law. It could be a criminal violation of federal law, such as assault with a gun, the illegal sale of drugs, or bank robbery. Or it could be a civil violation of federal law, such as employment discrimination or securities fraud. Also, any perceived violation of a liberty protected by the Bill of Rights, such as freedom of speech or the protection against cruel and unusual punishment, can be argued before the federal courts. A summary of the basic jurisdictions of the state and federal sides is provided in the table.

Jurisdiction of the Courts: State vs. Federal

State Courts

Federal Courts

Hear most day-to-day cases, covering 90 percent of all cases

Hear cases that involve a "federal question," involving the Constitution, federal laws or treaties, or a "federal party" in which the U.S. government is a party to the case

Hear both civil and criminal matters

Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts

Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government

Hear cases that involve "interstate" matters, "diversity of citizenship" involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000)

While we may certainly distinguish between the two sides of a jurisdiction, looking on a case-by-case basis will sometimes complicate the seemingly clear-cut division between the state and federal sides. It is always possible that issues of federal law may start in the state courts before they make their way over to the federal side. And any case that starts out at the state and/or local level on state matters can make it into the federal system on appeal-but only on points that involve a federal law or question, and usually after all avenues of appeal in the state courts have been exhausted. Consider the case Miranda v. Arizona.

Ernesto Miranda, arrested for kidnapping and rape, which are violations of state law, was easily convicted and sentenced to prison after a key piece of evidence-his own signed confession-was presented at trial in the Arizona court. On appeal first to the Arizona Supreme Court and then to the U.S. Supreme Court to exclude the confession on the grounds that its admission was a violation of his constitutional rights, Miranda won the case. By a slim 5-4 margin, the justices ruled that the confession had to be excluded from evidence because in obtaining it, the police had violated Miranda's Fifth Amendment right against self-incrimination and his Sixth Amendment right to an attorney. In the opinion of the Court, because of the coercive nature of police interrogation, no confession can be admissible unless a suspect is made aware of his rights and then in turn waives those rights. For this reason, Miranda's original conviction was overturned.

Yet the Supreme Court considered only the violation of Miranda's constitutional rights, but not whether he was guilty of the crimes with which he was charged. So there were still crimes committed for which Miranda had to face charges. He was therefore retried in state court in 1967, the second time without the confession as evidence, found guilty again based on witness testimony and other evidence, and sent to prison.

Miranda's story is a good example of the tandem operation of the state and federal court systems. His guilt or innocence of the crimes was a matter for the state courts, whereas the constitutional questions raised by his trial were a matter for the federal courts. Although he won his case before the Supreme Court, which established a significant precedent that criminal suspects must be read their so-called Miranda rights before police questioning, the victory did not do much for Miranda himself. After serving prison time, he was stabbed to death in a bar fight in 1976 while out on parole, and due to a lack of evidence, no one was ever convicted in his death.

The Implications of a Dual Court System

From an individual's perspective, the dual court system has both benefits and drawbacks. On the plus side, each person has more than just one court system ready to protect his or her rights. The dual court system provides alternate venues in which to appeal for assistance, as Ernesto Miranda's case illustrates. The U.S. Supreme Court found for Miranda an extension of his Fifth Amendment protections-a constitutional right to remain silent when faced with police questioning. It was a right he could not get solely from the state courts in Arizona, but one those courts had to honor nonetheless.

The fact that a minority voice like Miranda's can be heard in court, and that his or her grievance can be resolved in his or her favor if warranted, says much about the role of the judiciary in a democratic republic. In Miranda's case, a resolution came from the federal courts, but it can also come from the state side. In fact, the many differences among the state courts themselves may enhance an individual's potential to be heard.

State courts vary in the degree to which they take on certain types of cases or issues, give access to particular groups, or promote certain interests. If a particular issue or topic is not taken up in one place, it may be handled in another, giving rise to many different opportunities for an interest to be heard somewhere across the nation. In their research, Paul Brace and Melinda Hall found that state courts are important instruments of democracy because they provide different alternatives and varying arenas for political access. They wrote, "Regarding courts, one size does not fit all, and the republic has survived in part because federalism allows these critical variations."

But the existence of the dual court system and variations across the states and nation also mean that there are different courts in which a person could face charges for a crime or for a violation of another person's rights. Except for the fact that the U.S. Constitution binds judges and justices in all the courts, it is state law that governs the authority of state courts, so judicial rulings about what is legal or illegal may differ from state to state. These differences are particularly pronounced when the laws across the states and the nation are not the same, as we see with marijuana laws today.

Marijuana Laws and the Courts

There are so many differences in marijuana laws between states, and between the states and the national government, that uniform application of treatment in courts across the nation is nearly impossible. What is legal in one state may be illegal in another, and state laws do not cross state geographic boundary lines-but people do. What's more, a person residing in any of the fifty states is still subject to federal law.

For example, a person over the age of twenty-one may legally buy marijuana for recreational use in four states and for medicinal purpose in nearly half the states, but could face charges-and time in court-for possession in a neighboring state where marijuana use is not legal. Under federal law, too, marijuana is still regulated as a Schedule 1 (most dangerous) drug, and federal authorities often find themselves pitted against states that have legalized it. Such differences can lead, somewhat ironically, to arrests and federal criminal charges for people who have marijuana in states where it is legal, or to federal raids on growers and dispensaries that would otherwise be operating legally under their state's law.

Differences among the states have also prompted a number of lawsuits against states with legalized marijuana, as people opposed to those state laws seek relief from (none other than) the courts. They want the courts to resolve the issue, which has left in its wake contradictions and conflicts between states that have legalized marijuana and those that have not, as well as conflicts between states and the national government. These lawsuits include at least one filed by the states of Nebraska and Oklahoma against Colorado. Citing concerns over cross-border trafficking, difficulties with law enforcement, and violations of the Constitution's supremacy clause, Nebraska and Oklahoma have petitioned the U.S. Supreme Court to intervene and rule on the legality of Colorado's marijuana law, hoping to get it overturned.

The Supreme Court has yet to take up the case.
How do you think differences among the states and differences between federal and state law regarding marijuana use can affect the way a person is treated in court? What, if anything, should be done to rectify the disparities in application of the law across the nation?
Where you are physically located can affect not only what is allowable and what is not, but also how cases are judged. For decades, political scientists have confirmed that political culture affects the operation of government institutions, and when we add to that the differing political interests and cultures at work within each state, we end up with court systems that vary greatly in their judicial and decision-making processes.

Each state court system operates with its own individual set of biases. People with varying interests, ideologies, behaviors, and attitudes run the disparate legal systems, so the results they produce are not always the same. Moreover, the selection method for judges at the state and local level varies. In some states, judges are elected rather than appointed, which can affect their rulings.

Just as the laws vary across the states, so do judicial rulings and interpretations, and the judges who make them. That means there may not be uniform application of the law-even of the same law-nationwide. We are somewhat bound by geography and do not always have the luxury of picking and choosing the venue for our particular case. So, while having such a decentralized and varied set of judicial operations affects the kinds of cases that make it to the courts and gives citizens alternate locations to get their case heard, it may also lead to disparities in the way they are treated once they get there.

Summary

The U.S. judicial system features a dual court model, with courts at both the federal and state levels, and the U.S. Supreme Court at the top. While cases may sometimes be eligible for both state and federal review, each level has its own distinct jurisdiction. There are trial and appellate courts at both levels, but there are also remarkable differences among the states in their laws, politics, and culture, meaning that no two state court systems are exactly alike. The diversity of courts across the nation can have both positive and negative effects for citizens, depending on their situation. While it provides for various opportunities for an issue or interest to be heard, it may also lead to case-by-case treatment of individuals, groups, or issues that is not always the same or even-handed across the nation.

Practice Questions

1. The existence of the dual court system is an unnecessary duplication to some but beneficial to others. Provide at least one positive and one negative characteristic of having overlapping court systems in the United States.

2. Which court would you consider to be closest to the people? Why?

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By the end of this section, you will be able to: Describe the dual court system and its three tiers Explain how you are protected and governed by different U.S. court systems Compare the positive and negative aspects of a dual court system Before the writing of the U.S.

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Watch the Crash Course video below to better understand the duality of the U.S. Court system. Understanding the duality of the court system can be confusing and this video will hopefully add some clarity as to how our system is actually structured.

Citation:
Crash Course. (2015, June 5). Structure of the Court System: Crash Course Government and Politics #19 [Video]. Youtube. https://www.youtube.com/watch?v=IGyx5UEwgtA

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Structure of the Court System: Crash Course Government and Politics #19

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Play the iCivics game to help "citizens" navigate through the U.S. court system. Citizens should know how the process works so that if they are trying to take someone to court, or find themselves in court, they know the general path.

Citation:
iCivics. (n.d.). Court Quest [Computer Video Game]. iCivics. https://www.icivics.org/games/court-quest

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Grab the keys and get behind the wheel! It's your turn to drive the Justice Express in our new version of Court Quest. Explore state and federal courts as you help passengers navigate their path through the American judicial system.

In Court Quest you:

Pick up passengers with legal cases

Drop off passengers at the best court for their needs

Use a decision support tool for guidance in making choices

For English and Multilingual Learners: Use the support tool, Spanish translation, voiceover and glossary.

Are you an educator? Check out the Extension Pack with activities and teaching tools to reinforce key game concepts.

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Grab the keys and get behind the wheel! It's your turn to drive the Justice Express in our new version of Court Quest. Explore state and federal courts as you help passengers navigate their path through the American judicial system.

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4. Steps in the Criminal Justice Process

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4. Steps in the Criminal Justice Process

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Click the link below to go to a Quizlet to practice the steps of the criminal justice process. As a citizen it is important to know significant criminal justice vocabulary so if you, or someone you know, finds themselves experiencing the criminal justice system they have an understanding of what the terminology means.

Citation:
Johnson, C. (2017). Quizlet [Online Flash Cards]. Quizlet.  https://quizlet.com/235421993/criminal-justice-process-steps-flash-cards/

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View the infographic to see how the Supreme Court works. This infographic includes basic information on the Supreme Court and the justices.

Citation:
Sandberg, M. (2018, September 29). Infographic: How The Supreme Court Works (USA.gov). Wordpress.com https://datavizblog.com/2018/09/29/infographic-how-the-supreme-court-works-usa-gov/

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The video below explain the landmark decision of Marbury vs. Madison which established Judicial Review- the most powerful tool the Supreme Court has!!

Citation:
History. (2017, September 14).

Marbury vs. Madison: What Was the Case About? | History [Video]. Youtube. https://www.youtube.com/watch?v=hOvsZyqRfCo

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Marbury vs. Madison: What Was the Case About? | History

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Read about the current and former justices by reading their biographies from the actual Supreme Court website. See the background and what it takes to be a Supreme Court Justices. Compare each justices journey.

Citation:
Supreme Court of the United States. (n.d.). Current Members. Supremecourt.gov.  https://www.supremecourt.gov/about/biographies.aspx

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9. How to Get a Case to the Supreme Court

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9. How to Get a Case to the Supreme Court

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Ever wonder how to get a case to the Supreme Court? Watch this video to see how! Knowing the types of cases and how cases get to the Supreme court is a crucial step in understanding the influence of the Supreme Court.

Citation:
Vox. (2017, March 28). How to get a case to the Supreme Court [Video]. Youtube. https://www.youtube.com/watch?v=KEjgAXxrkXY

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7. How are Supreme Court Justices appointed?

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7. How are Supreme Court Justices appointed?

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So you want to be a Supreme Court judge? Watch the video below to see how they are chosen. Supreme Court Justices are unique in that they are one of the only federal positions that is not elected by the people...so how do they get the job? A job they serve for LIFE.

Citation:
Ted-Ed. (2016, November 17). How Do Supreme Court Justices Get Appointed- Peter Paccone [Video]. Youtube. https://www.youtube.com/watch?v=0xnzGSV66x4

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How do US Supreme Court justices get appointed? - Peter Paccone

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Play the iCivics game to "practice" arguing supreme court cases like a supreme court justice. The main job of the Supreme Court is to decide on the constitutionality of cases. In this game, you can experience a piece of that.

Citation:
iCivics. (n.d.).Argument Wars [Computer Video Game]. iCivics. https://www.icivics.org/games/argument-wars

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/*-->*/ /*-->*/ /*-->*/ Ever tried to win a disagreement? In Argument Wars, you will try out your persuasive abilities by arguing a real Supreme Court case. The other lawyer is your competition. Whoever uses the strongest arguments wins! Cases include: