The United States

 In the United States, distinct systems of courts exist, one organized under the Federal Constitution and statutes, the others under the Constitution and statues of the several States.

Federal Courts

(a) Sec. 1 of Art. III. of the Federal Constitution declares that "the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time establish." By the second section of the same article, as modified by the Eleventh Amendment to the Constitution, the judicial power of these courts is extended to all cases in law and equity arising under the Federal Constitution, laws, and treaties; to all cases affecting foreign ambassadors, ministers, or consuls; to all admiralty and maritime cases; to controversies to which the United States shall be a party; to controversies between two or more States, between citizens of different States, between citizens of the same State claiming lands under grants of different States, between a State or the citizens thereof and foreign States, citizens, or subjects; and to suits by a State against a citizen of another state.

(b) Under the power conferred upon it to establish judicial tribunals inferior to the Supreme Court, Congress has established a Court of Claims, district courts, circuit courts, and circuit courts of appeal. Besides these, it has provided for various courts in the Territories. The latter are not, however, United States courts under article three of the Constitution, but are rather Congressional courts. They are called into being as an incident to the Congressional authority to make all needful rules and regulations respecting the territory of the United States. Their judges are not entitled to hold office during good behavior, but may be appointed for a term of years, and may be subject to suspension or removal from office by the President.

(c) The Court of Claims was established in 1855 to hear and determine certain classes of claims against the United States, thus permitting citizens in many cases to sue the Government.

(d) By the act of 1789 the States were divided into thirteen districts, which have increased to sixty-nine (1902), each district having a judge, a clerk, a marshal, and an attorney appointed by the Federal Government. The district courts have an extensive jurisdiction, embracing jurisdiction over admiralty and maritime causes; suits arising under the revenue laws, the civil-right statutes, and various other legislation; prosecutions for crimes against the United States or for the recovery of penalties under Federal laws; proceedings in bankruptcy, and many other subjects of litigation.

(e) Next above the district courts are the circuit courts, originally six, now nine, in number, exercising both an original and appellate jurisdiction. They have original jurisdiction over many subjects concurrently with the State courts or the district courts. For example, many criminal prosecutions may be instituted either in the district court or the circuit court; and many civil actions, both of a common-law and of an equitable nature, may be brought in a State court or in a United States Circuit Court at the option of the plaintiff. In some civil suits, the amount involved, exclusive of interest and costs, must exceed $2000, in order that suit may be instituted in a circuit court. Most cases brought in one of these courts are controversies in which the United States or a State is the complainant, or are between citizens of different States, or involve rights secured by the Federal Constitution, or by Federal statutes or treaties. Originally these courts were held by members of the United States Supreme Court and by district judges, the Chief Justice and each of the associate justices of the Supreme Court spending a part of each year in the conduct of a circuit court. Later, circuit judges were provided for the number being twenty-five at present (1902); and circuit courts may be held by a Supreme Court justice, or a circuit court judge, or a district judge, or by any two of these. The process of these courts runs to any part of the United States, so that a warrant of court issued by the circuit court in Florida may be served by a United States marshal in Alaska.

(f) By an act of Congress passed in 1891, the appellate jurisdiction of the circuit courts has been transferred to the circuit courts of appeal, of which there are nine, one in each circuit. Each of these courts consists of three judges, any two of whom constitute a quorum. Its members are selected from the following list: The Supreme Court justice assigned to the circuit in question, the circuit judges and the district judges of that circuit; but no justice or judge is allowed to sit in this tribunal in a case which was tried before him while holding a circuit or district court. It is apparent, therefore, that the personnel of these courts changes frequently.

(g) The final appellate tribunal of the Federal judiciary is the Supreme Court, probably the most unique and the most influential judicial body in the world.

 The State courts are modeled after those of England. It is true they do not include admiralty nor ecclesiastical tribunals; but this is because admiralty and maritime jurisdiction is confided exclusively to the Federal courts by the Federal Constitution, and because there is no State Church in any of our commonwealths. That part of the powers of the English ecclesiastical courts relating to the estates of deceased persons and kindred subjects has been devolved in many States upon tribunals bearing various names, such as surrogates', probate, or orphans' courts. Most of the local or inferior courts, however, as well as the superior courts of law and of equity, were copied by State constitutions and statutes from English originals. In many of the States courts of chancery and of common law have been united into a single supreme court. It is impossible in this article to describe the judiciary system of each of the States, for in matters of detail they differ not a little; but a brief sketch of the New York courts will give the reader an idea of those existing in other States.

(a) To some extent these courts correspond to the territorial subdivisions of the State. For example, each town, the territorial unit in New York is required to elect justices of the peace, who are empowered to hold courts and to exercise a limited criminal as well as civil jurisdiction. In each county a county court is provided for, and also a surrogate's court; although in some counties these courts are held by the same judge. Other local courts, with a limited jurisdiction, have been erected by the Legislature, especially in cities and large villages. The Supreme Court possesses a general jurisdiction in law and equity throughout the State. It is composed (1902) of seventy-six justices, each of which is empowered to hold court in any county, although they are not elected by the State at large, but each is chosen by the electors in one of the eight judicial districts into which the State is divided. Some of these justices hold courts for the trial of cases or the determination of motions; while others, upon the selection of the Governor, constitute four courts of appeal, called appellate divisions, the State being divided into four departments, in each of which one of these courts has appellate jurisdiction. From determination by an appellate division an appeal may be taken in many cases (see Art. VI., 9, of New York Constitution) to the Court of Appeals, the highest regular judicial tribunal of the State, from whose decision there is no appeal. It consists of a chief judge and six associate judges. A Court of Impeachments is also provided for by the State Constitution. This, however, is not a regular, but an extraordinary, tribunal, which rarely assembles.

(b) In some States the Supreme Court possesses original jurisdiction, and is also the final court of appeals. That is the case in Massachusetts, where an action brought in the Supreme Court may be tried and decided by a single justice, and from his decision an appeal may be taken to the full court. In that State the Supreme Court is the final tribunal for appeals from the decisions of a single justice; also from the Probate Court, the Insolvency Court, and the Superior Court, the Superior Court, in turn, possessing both original and appellate jurisdiction, appeals running to it from municipal, district, police, and justice courts.

Consult: Encyclopedia of the Laws of England (London, 1897); Curtis, Jurisdiction of the United States Courts (2d ed., Boston, 1896); Foster, Treatise on Federal Practice (Chicago, 1901); Cummings and Gilbert, Official Court Rules of New York (New York, 1900); The United States Constitution and Revised Statutes; the Constitutions and Statutes of the several States.