The legal system isn't a single set of laws and courts. It is an inter-connected web of laws, regulations, and courts both at the state level and the federal level.
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed January 17, 2025
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Both the federal and state court systems have a hierarchy that allows higher courts to review decisions made by lower courts. Additionally, both the federal and state court systems have civil and criminal courts.
FindLaw's Legal System section provides a closer look at the way the U.S. court system is set up, with an in-depth look into the U.S. federal court system and state court cases. In this section, you can also find information about civil courts, including articles about class action lawsuits, tips on negotiating a settlement, the judge's role in court, and a helpful glossary with terms related to courts and the law.
There are generally two types of cases. Criminal cases concern charges prosecuted by a governmental body. It seeks punishment for violation of criminal law, often leading to a misdemeanor or a felony charge.
Civil cases concern private individual disputes where the plaintiff requests damages or other remedies.
Civil cases are filed when a person, organization, or entity (such as a corporation) - the plaintiff - claims that another person, organization, or entity - the defendant - failed a legal duty that was owed to the plaintiff. Common claims in civil lawsuits include negligence, assault, infliction of emotional distress, nuisance, personal injury, breach of contract, and property damage. Whether to file a civil lawsuit in federal or state court will depend on the circumstances, although most civil lawsuits are filed in state courts. Federal court is appropriate for a civil lawsuit if the plaintiff and defendant are citizens of different states and the amount in controversy is more than $75,000, or if the claim involves a violation of federal laws or constitutional rights provided by the U.S. Constitution.
Criminal cases are brought against people who are accused of committing a crime. Unlike civil cases, where the injured party files a lawsuit, in criminal cases, the government brings charges against the person accused of a crime. Most criminal cases are tried in state courts with the state's attorneys prosecuting the case. However, if a person is charged with a federal crime, the case will be tried in a federal court with a United States Attorney prosecuting the case. Although many criminal cases involve a victim, there are cases in which a person is charged without a specific victim. For example, a person can be prosecuted for driving under the influence even if he or she did not injure anyone or cause property damage.
There are various differences between civil cases and criminal cases. A criminal case involves an action that has been classified as being harmful to society, so the "plaintiff" in a criminal case, which is referred to as the prosecution, is always the government. A civil case, on the other hand, generally results from a dispute between individuals or organizations, although governments can also be involved in civil case as a plaintiff or a defendant.
The end result between a criminal and civil case is also different. In a criminal case, if the defendant is found guilty, he or she can be sentenced to fines, incarceration, and/or probation. Civil cases on the other hand, do not result in jail or prison time, but instead a monetary judgment and/or an injunction, which is a court order to stop or to perform a particular action.
“Litigation” is the formal name for resolving a legal issue by going to court.
Parties involved in a case are called litigants. Litigants, separated into plaintiffs and defendants, utilize the discovery process and other court procedures to build their case. When the case is ready, it is “tried” or presented before a court judge or jury.
The United States court system has various layers, including the trial courts, lower courts, appellate courts, and the highest court.
Before filing a lawsuit, the plaintiff often demands that the defendant perform specific actions to resolve the conflict. The plaintiff may start a lawsuit if the defendant ignores or refuses the demand.
The plaintiff may then file a complaint in court. The plaintiff serves a complaint and a summons on the defendant. The complaint outlines the legal and factual basis of the legal dispute. It contains statements of fact, legal claims, and causes of action.
The discovery process starts if the case doesn't settle early on. The parties send each other written questions, looking for information about the dispute. The parties may depose or interview each other under oath concerning the issues.
The parties may request copies of documents for review or ask to test or examine different types of physical evidence. Depending on the complexity of the case and the level of cooperation between the parties, the discovery process can last weeks or years.
After the discovery process, the case moves on to the trial phase. Both parties present legal arguments and evidence before the judge or the jury in a jury trial. The parties examine the case's facts and analyze the involved legal issues. The legal principles and court rules are likewise applied.
For instance, the court of appeals reviews state court records and checks for legal errors that may have affected the case outcome. In the appeal process, the court decides based on the written briefs. In some instances, appellate courts also hear oral arguments before deciding a case.
The losing party can take the lower court's final decision to a superior court, such as the U.S. Supreme Court. The Supreme Court is the highest court in the United States judicial system. It reviews the court order of the lower court in cases over which they have original jurisdiction. The Supreme Court also has appellate jurisdiction on cases related to the U.S. Constitution and federal law.
Being involved in litigation or appeals can be daunting, but you don't have to face the trial process alone. There are litigation and appeal lawyers who can give you the guidance and support needed to manage your case. An experienced general litigation and appeals attorney can assist you in many different types of cases, such as:
FindLaw's directory of litigation and appeals lawyers will help you find the right attorney for your needs.
