What Is the Difference Between State Court and Federal Court?
Introduction
State and federal courts are the foundation of the American justice system, established pursuant to the United States Constitution and empowered by federal and state law. Their authority, structure, and procedures are distinguished by core legal principles and primary sources.
Jurisdiction: What Kinds of Cases Can They Hear?
A. Federal Courts
Federal courts possess limited jurisdiction, meaning they may only hear matters authorized by the United States Constitution or by Congress.
Federal Question Jurisdiction: “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331; U.S. Const. art. III, § 2.
Diversity Jurisdiction: “[D]istrict courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000… and is between citizens of different states.” 28 U.S.C. § 1332(a).
Cases where the United States is a party. U.S. Const. art. III, § 2.
Special subject matter: Bankruptcy (28 U.S.C. § 1334), patents (28 U.S.C. § 1338), admiralty, federal crimes, among others.
Some federal jurisdiction is exclusive—Congress explicitly reserves certain cases for federal courts only (i.e., patents, bankruptcy, copyright, admiralty) per the governing statutes.
B. State Courts
State courts are courts of general jurisdiction; they may hear “all cases not exclusively reserved to the federal courts,” including:
Criminal prosecutions under state law,
Civil disputes under state statutes,
Family law,
Property, contracts, personal injury,
Probate and estates,
Other matters within state legislative authority.
See U.S. Const. amend. X (powers not delegated to the United States are reserved to the states).
Structure
A. Federal Courts
The structure of the federal courts, as set out in Article III and federal statute, includes:
District Courts: Trial-level courts. 28 U.S.C. § 132.
Courts of Appeals: Intermediate appellate courts. 28 U.S.C. § 41.
Supreme Court of the United States: Highest court. U.S. Const. art. III, § 1; 28 U.S.C. § 1251.
B. State Courts
States, by virtue of the Tenth Amendment, are empowered to organize their own judicial systems, typically comprising:
Superior (trial) courts,
Intermediate appellate courts,
State supreme court (highest court).
Every state’s judicial structure is defined by its constitution and laws.
Source of Law
Federal courts interpret and apply the U.S. Constitution, federal statutes and regulations, and federal common law where applicable.
State courts apply and interpret the state constitution, state statutes, administrative codes, and local ordinances (U.S. Const. amend. X).
Selection and Tenure of Judges
Federal judges “shall hold their Offices during good Behaviour,” which generally means lifetime tenure unless impeached. U.S. Const. art. III, § 1; art. II, § 2.
State judges are appointed or elected according to processes proscribed by their state constitutions (U.S. Const. amend. X).
Procedure and Formality
Federal courts adhere to the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and Federal Rules of Evidence (28 U.S.C. § 2072, Rules Enabling Act).
State courts follow procedural codes and rules enacted by their legislatures and supreme courts.
Appeals
Federal court appeals: From district courts to circuit courts of appeals, and ultimately to the U.S. Supreme Court. 28 U.S.C. §§ 1291, 1254.
State court appeals: From trial courts to intermediate appellate courts and state supreme court. Cases involving federal issues may be reviewed by the U.S. Supreme Court (U.S. Const. art. III, § 2; 28 U.S.C. § 1257).
Concurrent Jurisdiction: State Courts Can Hear Many Federal Cases
Crucially, state courts can often hear cases that could have been brought in federal court, unless Congress has made federal jurisdiction exclusive. This is known as concurrent jurisdiction.
Unless a federal statute explicitly provides for exclusive jurisdiction (as in patents or bankruptcy), state courts may adjudicate federal cases under the general rule announced in Claflin v. Houseman, 93 U.S. 130, 136 (1876): “state courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.” See also Tafflin v. Levitt, 493 U.S. 455, 458–59 (1990).
For most federal questions (arising under 28 U.S.C. § 1331), parties may file in either state or federal court. In such instances, the defendant may exercise the right to “remove” the case from state to federal court (28 U.S.C. § 1441).
Examples of exclusive federal jurisdiction: bankruptcy (28 U.S.C. § 1334), patent infringement (28 U.S.C. § 1338).
Examples
Theft prosecuted under state law: state court.
Patent infringement: federal court, as federal jurisdiction is exclusive.
Personal injury or contract claim between diverse out-of-state parties: state or federal court (concurrent jurisdiction).
Civil rights claim under 42 U.S.C. § 1983: state or federal court (concurrent jurisdiction).
Conclusion
State and federal courts are distinguished by the Constitution, statutes, and procedural codes. Federal courts hear cases of limited, enumerated jurisdiction; state courts address the vast majority of legal disputes. State courts may adjudicate federal law unless Congress confers exclusive jurisdiction upon federal courts. The division of judicial authority is an essential feature of federalism, guaranteeing a dual system of justice anchored in primary sources of American law.
