Is There a Difference Between How State and Federal Courts Work?

Posted By The Law Offices of Jeffrey C. Grass || 29-Mar-2013

One of the first questions most individuals have when convicted of a crime is whether or not they will be prosecuted by the state or federal government. An experienced criminal attorney can educate you on your specific case, but it is important to understand the differences between the state and federal courts:

Types of Cases

The state court system typically handles criminal cases; probate, including wills and estates; personal injury cases; family law; and most contract cases. Federal courts, on the other hand, often involve cases revolving around the constitutionality of a law, treaties with the United States, and disputes between two or more states. The federal court system also handles bankruptcy cases, admiralty law, habeas corpus issues, and those cases that involve public ministers or ambassadors.

Structure

The structure of the state court differs from that of the federal court. Each state establishes different courts designed to handle specific legal matters, including probate court, family court, juvenile court, court of appeals, and Supreme Court. The federal court system includes the 13 U.S. courts of appeals, the 94 U.S. district courts, the Court of Claims, and the Court of International Trade.

Judge Selection

Judges for state courts are selected through election, appointment for a given number of years, appointment for life, or a combination of these methods. Federal court judges, however, are nominated by the President and confirmed by the Senate. These types of judges may be removed from office for misbehavior through congressional impeachment proceedings.

Make sure you fully understand the state and federal courts by contacting a proven lawyer. Give the Law Offices of Jeffrey C. Grass a call at for more information on our practice areas.