ABA Family Legal Guide

How the Legal System Works

The Structure of the Court System

"Our Constitution works. Our great Republic is a Government of laws, not of men. Here the people rule."

—Gerald R. Ford

In cities and small towns across the country, the courthouse is both the symbol of the rule of law and the place in which the law is put into action. In the courthouse, criminal defendants have their day in court, as the government is put to the test of convicting them beyond a reasonable doubt. Meanwhile, private parties seek to resolve disputes in civil cases that can range from a dispute over who was responsible for damages in a car collision to multimillion-dollar lawsuits between companies. In some communities, there may also be a federal courthouse in which federal judges hear criminal and civil cases under jurisdiction granted by the Constitution and federal law.

This section will give you a broad overview of the structure of the courts, including a discussion of the meaning and significance of separation of powers and judicial independence.

2a. State and Federal Courts
2b. Separation of Powers
2c. Judges