7.3. Structure of the Courts: The Dual Court and Federal Court 
System 
LORE RUTZ-BURRI 
Separate Federal and State Court Systems   
Each state has two complete parallel court systems: the federal system, and the state’s own system. Thus, 
there are at least 51 legal systems: the fifty created under state laws and the federal system created under 
federal law. Additionally, there are court systems in the U.S. Territories, and the military has a separate court 
system as well. 
The state/federal court structure is sometimes referred to as the dual court system. State crimes, created 
by state legislatures, are prosecuted in state courts which are concerned primarily with the applying state 
law. Federal crimes, created by Congress, are prosecuted in the federal courts which are concerned primarily 
with applying federal law. As discussed below, it is possible for a case to move from the state system to the 
federal system when a defendant challenges the conviction on direct appeal through a writ of certiorari, or 
when the defendant challenges the conditions of confinement through a writ of habeas corpus. 
Dual Court System Structure 
Highest Appellate Court 
U.S. Supreme Court (Justices) 
(NoteCourt also has original/trial court 
jurisdiction in rare cases) (Note: Court 
will also review petitions for writ of 
certiorari from State Supreme Court 
cases). 
State Supreme Court (Justices) 
Intermediate Appellate Court 
U.S. Circuit Court of Appeals (Judges) 
State Appellate Court (e.g., Oregon 
Court of Appeals) (Judges) 
Trial Court of General Jurisdiction 
U.S. District Court (Judges) (Note: this 
court will review petitions for writs of 
habeas corpus from federal and state 
court prisoners) 
Circuit Court, Commonwealth Court, 
District Court, Superior Court (Judges) 
Trial Court of Limited Jurisdiction 
U.S. Magistrate Courts (Magistrate 
Judges) 
District Court, Justice of the Peace, 
Municipal Courts (Judges, Magistrates, 
Justices of the Peace) 
The Federal Court System  
Article III of the U.S. Constitution established a Supreme Court of the United States and granted Congress 
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