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Under the separation of powers, as established by the Constitution, responsibility for interpreting the law is the function of the judicial branch of government. When doing legal research to support motions or draft pleadings, case law is considered primary or binding authority. For an explanation of the use of case law as precedent, see side box, Stare Decisis.
The Administrative Office of the U.S. Courts has an informative chart explaining differences between Federal Court structure and State Court structure. To view the chart, click here.
For information on when to use State or Federal law, see the "State vs Federal Law" tab of this guide.
Article III, Section 1 of the Constitution creates the judicial power of the United States in the federal court system and established the U.S. Supreme Court. Under authority granted by Article III Section 1, Congress established a 3-tiered federal court system.
Federal Trial Courts are called United States District Courts. There are 94 District Courts. Each state has at least one District Court. Cases are heard by a judge and jury. Parties dissatisfied with a lower federal court decision may appeal to a U.S. Federal Appellate Court.
Federal Appellate Courts are called United States Circuit Courts of Appeal. There are 13 Appellate Courts. Cases are heard by a 3-judge panel. There is no jury.
The United States Supreme Court, AKA “The court of last resort," is the highest appellate court. A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals. The Supreme Court of the United States hears about 80 cases a year, just 1% of the requests it receives.
The Federalist Society created a short video on the journey a case takes from a trial court to the "Highest Court in the Land," which viewable below. The video is narrated by Judge Douglas Ginsburg of the DC Circuit Court of Appeals.
Similar to the Federal Court system, state court systems are established by the Constitution and state laws of each state. In addition to federal courts, California has two types of courts, trial level and appellate. The California Supreme Court is the state's highest appellate court.
Trial Courts
California trial level courts are called "superior" courts. Cases are typically heard by a judge, and sometimes a jury. Types of cases handled in superior court include:
Each of California's 58 counties has at least one superior court. Some counties have a superior court with multiple locations. Click here to find your nearest County Superior Court.
Court of Appeal
The losing party in a case can appeal to an appellate court. California has 6 Courts of Appeal. Each Court of Appeal district covers several counties. A panel of 3 judges, called "justices", only reviews the record of the trial court case for legal mistakes and decides if that mistake affected the trial court's ruling.
Once the justices have made a decision, that decision is known as the court's opinion. Opinions that are published can be used as legal authority when drafting case motions and pleadings.
California Supreme Court
The California Supreme Court is the highest court in the state. The California Supreme Court reviews Court of Appeals case decisions. In California, cases, such as death penalty appeals and judicial disciplinary cases, go straight to the state Supreme Court.
The Judicial Council of California has prepared an informative guide on the California Court system. The guide explains how California courts, both state and federal, work. To view the guide, How Courts Work, click here.
Understanding Federal Courts is a detailed explanation of the Federal Court system prepared by the Administrative Office of the United States Courts. You can download it here.
The doctrine of "stare decisis," a Latin phrase meaning "let the decision stand" or "to adhere to decided cases," requires judges to apply the same reasoning to lawsuits that have been used in prior cases that are similar.
State and Federal case opinions can be found using online subscription based databases such as Lexis Advance or Westlaw. The San Diego Law Library provides free, on-site access to Lexis Advance, Westlaw, and other legal databases.