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ABA Family Legal Guide
How the Legal System Works
The Structure of the Court System
State and Federal Courts
Why isn't there just one court system?
The U.S. Constitution provides for a dual system of government, with both state and federal powers and responsibilities. A judicial system is an essential component of both national and state governments. Article III of the U.S. Constitution calls for a federal judiciary operating as a coequal branch of our national government. Federal courts may only decide certain kinds of cases as provided by Congress or specified in the Constitution. Each state has a state judiciary, which is empowered to interpret the laws made by the state legislature. States also have their own constitutions, which can provide rights to the public in addition to those rights provided by the federal Constitution.
This dual court system is a consequence of our organization as a union of states. Such a system makes sense philosophically because it respects a state's right to establish and enforce the law with respect to its unique local problems and concerns. It also makes sense practically because, as a general rule, a state's own courts are more familiar with state and local laws. Federal courts are qualified to interpret and apply federal laws and ensure that federal laws are applied uniformly in the different states.
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Side Bar - What's in a Name? With more than fifty jurisdictions, American law is full of courts that have different names but do almost exactly the same thing. For example, courts of general jurisdiction exist in almost every jurisdiction, but they are variously called circuit court, district court, superior court, and court of common pleas. In New York State, the court of general jurisdiction is called the supreme court. Under any name, though, these courts generally hear serious criminal and civil cases. |
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