State courts and federal courts are two separate systems with different jurisdiction, different judges, different rules, and in many cases different outcomes. Federal courts can only hear a narrow set of cases that Congress has authorized, mostly involving federal law, the U.S. government, or disputes between citizens of different states where more than $75,000 is at stake. State courts handle nearly everything else, which in practice means over 95% of all cases filed in the country. Which system you end up in affects where you file, who decides your case, how your jury is picked, what it costs, and how much room the court gives you if you don’t have a lawyer.
Which Court Hears Your Case
Jurisdiction is the first question in any lawsuit: does this court have the authority to hear it? Federal courts are courts of “limited jurisdiction.” They can only hear categories of cases Congress has specifically authorized. State courts are courts of “general jurisdiction” and can hear almost any dispute not reserved for the federal system.1United States Courts. Comparing Federal and State Courts
Federal courts get authority over a civil case through one of two doors. The first is “federal question” jurisdiction: any case arising under the U.S. Constitution, a federal statute, or a treaty.2Office of the Law Revision Counsel. 28 U.S. Code 1331 – Federal Question Patent and copyright suits, bankruptcy filings, federal criminal prosecutions, and cases where the federal government is a party all qualify.3Office of the Law Revision Counsel. 28 USC 1400 – Patents and Copyrights, Mask Works, and Designs
The second door is “diversity jurisdiction.” A federal court can hear a civil dispute between citizens of different states, or between a U.S. citizen and a foreign citizen, when the amount in controversy exceeds $75,000.4Office of the Law Revision Counsel. 28 USC 1332 – Diversity of Citizenship; Amount in Controversy; Costs The rationale is neutrality: if you’re suing someone in their home state, their local court might favor them.
Some subjects belong only to the federal system. Bankruptcy, patent infringement, and admiralty cases fall under exclusive federal jurisdiction, so state courts cannot touch them. Many other federal claims allow concurrent jurisdiction, meaning either system could hear the case and the plaintiff picks the forum.
Everything else is state court territory. Personal injury claims, contract disputes, criminal prosecutions under state law, divorce and custody, landlord-tenant fights, probate, traffic — all state. If a case does not fall within exclusive federal jurisdiction and no one chooses federal court, it stays in state court by default.
How the Two Systems Are Built
Both systems use a three-tier design: trial courts, intermediate appellate courts, and a court of last resort.
Federal cases begin in one of the 94 U.S. District Courts. These are where witnesses testify and verdicts are reached.5United States Courts. Court Role and Structure Every state has at least one. A losing party can appeal to one of the 13 U.S. Courts of Appeals; twelve cover geographic circuits and the Federal Circuit handles specialized subject matter like patent and international trade appeals.6United States Department of Justice. Introduction to the Federal Court System Circuit courts do not retry cases or take new evidence. They review whether the district court got the law right. The U.S. Supreme Court sits at the top and takes cases through a discretionary process called certiorari, accepting roughly 70 to 80 cases a year out of thousands of petitions. The federal system also includes bankruptcy courts operating as units of the district courts with exclusive jurisdiction over bankruptcy proceedings.7U.S. Courts. Bankruptcy Courts and Cases – Journalist’s Guide
State systems mirror that three-tier shape but the names vary. Trial courts might be called Superior Courts, Circuit Courts, Courts of Common Pleas, or District Courts depending on the state. Most states have an intermediate appellate layer, and every state has a court of last resort, usually called the Supreme Court.
Where state systems depart from the federal model is in specialized courts. Many states run separate family courts for divorce, custody, and juvenile matters; probate or surrogate’s courts for wills and estates; housing courts for landlord-tenant disputes; and small claims courts where people resolve low-dollar disputes quickly without a lawyer. The federal system has nothing comparable for most of these day-to-day matters.
How Judges Get the Job
Every federal judge is appointed, never elected. The President nominates, and the Senate confirms by majority vote.8United States Courts. Nomination Process Once confirmed, Article III judges, including Supreme Court justices, circuit judges, and district judges, serve “during good Behaviour” — in practice, for life. Removal requires impeachment by the House and conviction by the Senate, which has happened only a handful of times in more than two centuries.9U.S. Senate. About Judicial Nominations – Historical Overview Their salary cannot be reduced while they serve, and they never face voters.
State judges reach the bench through a patchwork of methods. Partisan elections, non-partisan elections, gubernatorial appointment with legislative confirmation, and merit-based selection are all in use somewhere. In a merit-based system, a non-partisan commission screens candidates, the governor appoints from the finalists, and the judge later faces a retention election. Regardless of the method, state judges serve fixed terms, generally four to fifteen years depending on the state and the court level, and must then stand for re-election, reappointment, or retention.
Juries: Size, Unanimity, and Where the Pool Comes From
Federal jury rules are uniform nationwide. In federal criminal cases, the jury is 12 members and the verdict must be unanimous. In federal civil cases, the jury can range from 6 to 12 members, and the verdict must also be unanimous unless both parties agree otherwise.10Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors; Verdict; Polling
State courts vary more. Many allow civil juries smaller than 12, and some permit non-unanimous civil verdicts. On the criminal side, the Supreme Court held in 2020 that the Sixth Amendment requires a unanimous verdict to convict a defendant of a serious criminal offense in state court, eliminating the last states that still allowed split verdicts.11Supreme Court of the United States. Ramos v. Louisiana, 590 U.S. 83 (2020) States still differ on criminal jury size for less serious offenses and on civil jury procedures.
The jury pool itself differs. Federal juries are drawn from the entire federal district, which can cover a large geographic area. State court juries are typically drawn from the single county where the case is filed. In a case with heavy local media coverage, the broader federal pool dilutes the chance of seating jurors who have already made up their minds.
Criminal Cases: Sentencing and Parole
The two systems treat sentencing very differently, and the gap can produce starkly different outcomes for the same conduct.
Federal sentencing runs through the U.S. Sentencing Guidelines, which assign numerical scores based on offense severity and criminal history. After the Supreme Court’s 2005 decision in United States v. Booker, judges are not strictly bound by the Guidelines, but they must calculate and consider them in every case. Congress also imposes mandatory minimum sentences for many federal crimes, especially drug offenses. A limited “safety valve” lets judges go below those minimums for certain defendants with minimal criminal history who cooperate fully.12U.S. Sentencing Commission. Amendment 817 In Brief – Safety Valve Provision
The federal system has also abolished parole. A federal prisoner serves the sentence imposed, minus a possible 15% reduction for good behavior. There is no parole board granting early release.13U.S. Courts. Reflecting on Parole’s Abolition in the Federal Sentencing System As a result, federal sentences tend to be longer in practice than comparable state sentences.
State sentencing varies enormously. Some states have their own guidelines, others give judges broad discretion, and most states still maintain some form of parole with their own criteria. States also use alternatives like drug courts, diversion programs, and probation-heavy sentences more often than the federal system does. A drug case prosecuted federally and the same case prosecuted by state authorities can end very differently.
Filing Fees and Fee Waivers
Filing a civil case in federal court currently costs $405, which includes a $350 statutory filing fee and a $55 administrative fee.14Office of the Law Revision Counsel. 28 U.S. Code 1914 – District Court; Filing and Miscellaneous Fees; Rules of Court State court fees vary, running from under $100 in some jurisdictions to over $400 in others depending on the state, the type of case, and the amount at stake.
If you cannot afford the federal filing fee, you can apply to proceed “in forma pauperis” by submitting an affidavit of your assets and income. If the court finds you genuinely cannot pay, the fee is waived.15Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis Most state courts offer similar fee waivers, though the application process and eligibility differ by jurisdiction.
When Cases Cross Between the Two Systems
The two systems are separate but not sealed off. A plaintiff files a case; the defendant sometimes moves it.
When a plaintiff files in state court on a claim that could have gone to federal court, the defendant can “remove” the case to the federal district court covering the same area.16Office of the Law Revision Counsel. 28 USC 1441 – Removal of Civil Actions The notice of removal must be filed within 30 days of being served with the complaint.17Office of the Law Revision Counsel. 28 U.S. Code 1446 – Procedure for Removal of Civil Actions If the federal court lacks subject matter jurisdiction, the case gets sent back; for other procedural defects, the plaintiff has 30 days to file a motion to remand.18Office of the Law Revision Counsel. 28 U.S. Code 1447 – Procedure After Removal Generally
When a case reaches federal court through diversity jurisdiction, the federal judge applies the state’s substantive law. This is the Erie doctrine. A contract dispute between a Texan and a Californian filed in federal court in Texas is decided under Texas contract law, but using the Federal Rules of Civil Procedure and Evidence.
State supreme courts generally have the final word on state law. But when a state court case involves a federal constitutional question or interpretation of a federal statute, the losing party can petition the U.S. Supreme Court. Its review of state court decisions is limited to the federal issues; it will not revisit a state court’s reading of its own state law.19Legal Information Institute (LII) / Cornell Law School. Supreme Court Review of State Court Decisions – U.S. Constitution Annotated This is the mechanism that keeps constitutional rights uniform across all 50 states.
Representing Yourself
You have the right to represent yourself, known as proceeding “pro se,” in both systems. It is harder in federal court. Federal judges expect pro se litigants to follow the same Federal Rules of Civil Procedure and local rules that lawyers follow, and the clerk’s office cannot give legal advice or tell you what to file next.20U.S. District Court (DC). Pro Se Non-Prisoner Handbook Missing a deadline or ignoring a motion can end the case.
State courts tend to be more accommodating, especially in courts built around non-lawyer litigants: small claims, housing, and family courts. Many offer self-help centers, standardized forms, and simplified procedures. A small claims matter in state court is manageable for most people on their own. A federal civil rights case with discovery and dispositive motions is a different proposition.