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What is the difference between federal and state courts?

The short answer

Federal courts hear cases about the US Constitution, federal laws and treaties, and some disputes between states or citizens of different states. State courts hear most criminal, family, probate and contract cases.

  • Facts checked November 4, 2026
  • 5 sources
  • 3 min read
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Key facts

94

Federal district (trial) courts

U.S. Courts

13

Federal courts of appeals

28 U.S.C. § 41

$75,000

Amount a dispute between citizens of different states must exceed to be heard in federal court

28 U.S.C. § 1332

Two court systems side by side

The United States has a federal court system and a separate court system in every state. Article III of the created the US Supreme Court and let Congress create lower federal courts. Each state’s constitution and laws set up its own courts. The two systems hear mostly different kinds of cases, but state courts also decide questions of federal law that come up in their cases.

How federal courts are organized

Federal trials take place in 94 courts, which decide the facts and apply the law. Appeals go to one of 13 courts of appeals, made up of 12 regional circuits plus the Federal Circuit, and the Supreme Court is at the top. There are also 90 bankruptcy courts and special courts, such as the US Court of International Trade. The president nominates Supreme Court justices and court of appeals and district judges, and the Senate confirms them.

How state courts are organized

Each state has trial courts and a highest court, often called the supreme court. Some states also have an intermediate court of appeals. States usually have courts for specific matters, such as probate, juvenile or family cases. Names vary from state to state. Pennsylvania, for example, has a Supreme Court, a Superior Court, a Commonwealth Court and courts of common pleas. State judges are chosen in different ways, including elections and appointments.

Which court hears which case

Federal courts hear cases arising under the Constitution, federal laws or treaties. They also hear disputes between citizens of different states when more than $75,000 is at stake, as well as bankruptcy, admiralty and disputes between states. Only federal courts can try federal crimes. State courts hear most criminal cases, along with family law, probate and most contract and personal injury cases.

Appeals and the final word

An appeal is not a new trial. Appeals courts review whether the law was applied correctly, without new evidence, witnesses or a jury. State courts have the final say on what their own state’s laws and constitution mean. A ruling from a state’s highest court on a federal question can be taken to the US Supreme Court, which chooses whether to hear it. According to U.S. Courts, the Supreme Court hears oral arguments in fewer than 100 cases a year.

From the Constitution

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

U.S. Constitution · Art. III, § 1Read the full text

Questions people ask

Are most criminal cases federal or state?
Most criminal cases are heard in state courts. Federal courts hear cases about federal crimes, and only federal courts can try them.
Can a state court decide a question of federal law?
Yes. State courts often apply federal law and the US Constitution. Their rulings on federal questions can be appealed to the US Supreme Court, which may choose whether to hear them.
Can a state supreme court decision be appealed to the US Supreme Court?
Only if it involves a federal question, such as a right under the US Constitution or the validity of a federal law. Even then, the Supreme Court decides whether to take the case.

Sources

Checked November 4, 2026. Primary sources first, then official records, then nonpartisan research.

Primary sourceNational Archives: The Constitution, a transcription
Primary source28 U.S.C. § 1257: State courts; certiorari
Official recordU.S. Courts: Comparing federal and state courts
Official recordU.S. Courts: Court role and structure
Official recordU.S. Courts: About the U.S. Courts of Appeals

How these facts were checked: our promise. Every substantive fix is listed on the corrections page.

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