Frequently Asked Questions about State and Federal Judiciaries

Where is the federal court system created? The federal courts are established in Article III of the United States Constitution.

Where is the state court system created? The state courts are established in Article VI of the California Constitution.

What is the first provision of Article 3 of the federal constitution? Section 1 vests the judicial power of the country in the Supreme Court and the “inferior courts” (or lower courts) that Congress establishes. It also specifies that there are no term limits for federal judges. And, it establishes the chief justice, but not the size of the supreme courts or other specific positions.

How many courts are there in the federal system? Congress has used its power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases.

What is the second provision of Article 3 of the federal constitution? Section 2 sets forth the powers of the federal courts. The judiciary must consider only actual cases or controversies, which is why the federal courts utilize issues of standing, mootness, and ripeness to limit their jurisdiction.

What are limits on federal court jurisdiction? Federal court jurisdiction is limited to cases that arise from the federal constitution or laws, treaties, those involving multiple states or foreign governments, and other specified areas.

What is the federal high court’s jurisdiction? The Supreme Court has original jurisdiction with ambassadors or the states are a party to a case.

Are juries required in certain cases? Juries must be used for federal criminal prosecutions.

What is the third provision of Article 3 of the federal constitution? Section 3 defines treason and specifies that Congress punishes it. There are specified requirements for cases of treason and how it can be punished.

Where are state court systems authorized? All state constitutions create their respective state court systems. They all have a high court, and many states have an intermediate appellate court(s). All of them also have trial courts, some of which are called circuit or district courts. Most states also provide for courts that handle specified legal matters, such as probate and family courts.

Where is California’s judicial branch authorized? Article 6 of the state constitution contains 23 sections (although numbers through 22). Section 1 vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts.

How many courts are there in this state? Section 2 specifies that there are 7 Supreme Court justices. Section 3 requires the Legislature to divide the state into districts with each having a court of appeal. Section 4 requires each county of the state to have a superior court of one or more judges and the Legislature prescribes the number of judges and provides for the officers and employees of each superior court.

What are the judicial branch support entities? Section 6 creates the Judicial Council, which appoints an Administrative Director of the Courts. Section 7 creates the Commission on Judicial Appointments and Section 8 creates the Commission on Judicial Performance. Section 9 creates the State Bar of California, which is a public corporation and every person admitted and licensed to practice law in California is a member of the State Bar.

What jurisdiction do state court judges have? Section 10 specifies that the Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in certain proceedings. Section 11 provides that the Supreme Court has appellate jurisdiction when judgment of death has been pronounced. Section 12 deals with appellate court jurisdiction.

What are the requirements for being a judge in this state? Section 15 makes a person eligible to be a judge of a court of record with at least 10 years immediately preceding selection that person has been a member of the State Bar or served as a judge of a court of record in this State.

Do California judges face election? Section 16 specifies that judges of the Supreme Court are to be elected at large and judges of courts of appeal must be elected in their districts at general elections at the same time and places as the Governor. Section 16 also limits terms to 12 years and specifies how justices are selected.

When are federal court judges typically selected? The U.S. Constitution states that federal judges are to be nominated by the President and confirmed by the Senate.

How long to federal court judges serve? They hold office typically for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior.

How are state court judges typically selected? State court judges are selected in several different ways, such as election, appointment by the Governor, and specified terms or life terms. 

How are California judges selected? In California, trial court judges are elected generally, but the Governor may appoint judges to fill vacancies. For appellate court justices, the Governor appoints them and they are confirmed by the Commission on Judicial Nominations.

Which types of cases are typically handed by federal courts? The federal courts are assigned cases that deal with the constitutionality of a law; cases involving the laws and treaties of the U.S.; cases involving ambassadors and public ministers; disputes between two or more states; and, cases involving admiralty law and bankruptcy law.

Which types of cases are typically handled by state courts? State courts handle most criminal cases, probate, contracts, tort, and family law matters. They also decide on cases involving their respective state constitutions, statutes, and regulations.