How the Court System Is Organized

HOW THE COURT SYSTEM IS ORGANIZED

Prepared by Karen Kimber, Social Sciences and Humanities Team Leader
Paul Laurence Dunbar University, Wright State University

To go directly to the list of sources, see Finding Court Cases

What Is Case Law?

Case law refers to decisions in the various court systems which set precedent for future decisions and are therefore part of the common law.

The effect of a court decision depends on the level of court at which a case was decided. A decision of an appellate court is binding precedent in all lower courts in its jurisdiction. A U.S. Supreme Court decision is binding precedent in all courts dealing with any aspect of federal law.

Overview of the Court Process

An individual case starts in a trial court, where evidence and witnesses are presented. An appellate court hears appeals seeking to change the result of cases heard in trial courts. An appellate courts rules on questions of law, not questions of fact. That is, an appellate court does not review the evidence in a case, but considers legal issues.

Research into case law in the United States is complex because of the multiplicity of court systems. There are parallel systems for the federal courts and for each state.

The state court systems deal with most of the issues affecting everyday life, such as marriage and divorce, real estate, and criminal law. Federal courts have jurisdiction over such issues as civil rights and bankruptcy. Overlap occurs in areas of national concern about which Congress has passed legislation, such as environmental law and labor relations.

The Federal Court System

Apart from specialized courts, the federal court system comprises the following:

The Supreme Court of the United States Most cases are appeals from lower courts. In addition to cases from lower federal courts, cases from state supreme courts which involve a point of federal law may be heard. The court has discretion to decide which cases will be considered.

U.S. Courts of Appeals (also called Circuit Courts of Appeals) Appellate courts which deal with appeals from the district courts in their circuit.

U.S. District Courts Trial courts which deal with violations of federal criminal law, disputes regarding federal laws or treaties, and some cases between residents of different states.

State Court Systems

Each state establishes its own system, so there are many variations, but most state system encompass the following:

Type of court Function The Ohio Court System

Court of last resort (usually called the supreme court) Deals with appeals from lower courts. Has discretion to decide which cases merit review. The Ohio Supreme Court.

Intermediate appellate courts Deal with appeals concerning lower court decisions. In Ohio the Courts of Appeals are divided into 13 districts.

Trial courts Trials at which evidence is heard, often in both criminal and civil cases

Each county has a Court of Common Pleas (sometimes with specialized divisions by subject), which deals with criminal felony cases and civil cases over $500.
The Court of Claims has statewide jurisdiction over civil cases against the State of Ohio and claims for compensation for crime victims.

For courts at the local level, go to Municipal and Local Law.

Type of court	Function	The Ohio Court System
Court of last resort (usually called the supreme court)	Deals with appeals from lower courts. Has discretion to decide which cases merit review.	The Ohio Supreme Court.
Intermediate appellate courts	Deal with appeals concerning lower court decisions.	In Ohio the Courts of Appeals are divided into 13 districts.
Trial courts	Trials at which evidence is heard, often in both criminal and civil cases	Each county has a Court of Common Pleas (sometimes with specialized divisions by subject), which deals with criminal felony cases and civil cases over $500. The Court of Claims has statewide jurisdiction over civil cases against the State of Ohio and claims for compensation for crime victims. For courts at the local level, go to Municipal and Local Law.

Publication of Cases

Appellate court decisions which will be used as precedent in future court cases are published, or reported, in sources specific to the various courts. The purpose of the published decisions is to provide lawyers with information on the interpretation of law, not to provide a historical record of individual cases. For this reason, very few trial court decisions are reported, and only selected decisions in the lower appellate courts are reported.

Where to find out more about case law and the court systems

Judicial Process in America, by Robert A. Capp and Ronald Stidham. KF8700 .C37 2001
A Primer on American Courts, by William S. Miller. KF8720.M55 2005
Understanding the Federal Courts
Ohio Legal Research Guide, by Melanie K. Putnam and Susan M. Schaefgen. Ref KFO 75.P88 1997
Ohio Courts Summary - This annual publication includes descriptions of the functions and activities of all levels of courts in Ohio.
The Supreme Court of Ohio and the Ohio Judicial System
The sources under Learning More about Legal Research also include information about case law.

Return to Legal Research Basics

Revised 30 August 2007
http://www.wright.edu/~karen.kimber/case1.html

Karen Kimber (karen.kimber@wright.edu)
Paul Laurence Dunbar Library - (937) 775-3034
Wright State University Libraries

The Supreme Court of the United States	Most cases are appeals from lower courts. In addition to cases from lower federal courts, cases from state supreme courts which involve a point of federal law may be heard. The court has discretion to decide which cases will be considered.
U.S. Courts of Appeals (also called Circuit Courts of Appeals)	Appellate courts which deal with appeals from the district courts in their circuit.
U.S. District Courts	Trial courts which deal with violations of federal criminal law, disputes regarding federal laws or treaties, and some cases between residents of different states.