State Court System: Structure & Overview

There are also different criteria for a divorce in each state. The state of Hawaii requires no reason for the divorce, and parties did not have to be married in the state. The only requirement is that one of the parties must have been a resident at least six months prior to the filing date.

The state of New York requires that the parties had been married in the state, one or both parties be residents of the state and that at least one of the following criteria be met by one of the parties:

• Cruel and unusual treatment to the other party
• Abandonment
• Was imprisoned for an extended period of time
• Committed adultery
• Couple lived apart for a period of more than one year
• Irreconcilable differences for a period of at least six months

It is important to review the specific state court system in which one resides to better understand the court procedures.

Lesson Summary

To sum things up, the state and federal court system operate in similar ways. Both have a lower court, an appellate court and a court of last resort. In the federal court system, this court is called the U.S. Supreme Court. In the state court system, it is the state supreme court.

Federal court has limited jurisdiction over cases with very specific criteria that must be met. State courts have broad jurisdiction and can try most cases, like criminal, contract, family and juvenile trials.

State superior courts have jurisdiction over most cases. When a party is dissatisfied with the decision of the lower court, he has the right to request an appeal from the intermediate court of appeals in that state. Similarly to the federal court of appeals, the case is heard based on a question of law and not on facts.

When all else fails, the disgruntled party may bring the case to state supreme court to have a decision from appeals court re-considered. This court is considered the court of last resort and is the final step in the state appeals process.

The specific operations of the courts differ between states. This means that from state to state, a different court may hear a case. We learned that in Hawaii, family court is the right venue for a divorce, while superior court is the place to dissolve a marriage in New York. This is why it is important to understand the specific operations of your state's court system.

Learning Outcomes

After finishing this lesson, you should be prepared to:

• Compare and contrast the federal and state court systems
• Name the three main courts in the state system and the jurisdiction of each
• Understand that the state court system varies in different states